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Final Order 1

CNR MHMM19010654201827 Sept 2023
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Final Order 1 · 27 Sept 2023 · CNR MHMM190106542018

Order Details: Order
Pdf Text: IN THE COURT OF ADDL.CHIEF METROPOLITAN MAGISTRATE,
22ND COURT, ANDHERI, MUMBAI.
C. C. No. 2807/PS/2018
(Spl.LAC. No.29/2018 of Sahar Police station)
Name of accused : James Nairn Menon
Age : 50 Years, R/o.: America
Occupation : Service
J U D G M E N T
(U/sec.241 of Cr.P.C.)
Today accused is present on V.C., his Ld. Counsel is present
before the Court. He has filed application and voluntarily pleaded
guilty. The offence alleged against accused is punishable U/sec. 6 of
Indian Wireless Telegraphy Act, 1933 and U/sec. 20 (3) Indian
Telegraph Act, 1885. Accused is from foreign country. There is no
chance for appearing for trial, if plea guilty is not accepted.
In view of order of Hon'ble High Court in Writ Petition no.
4183 of 2017, advocate for accused is allowed to plead guilty on his
behalf. Therefore, considering the nature of offence, the plea of
accused is accepted, taking lenient view in view of voluntarily plead
guilty, I proceed to pass the following order.
O R D E R
1 The accused viz. James Nairn Menon is convicted, as per
section 252 of Criminal Procedure Code for the offence
punishable U/sec. 6 of Indian Wireless Telegraphy Act, 1933
and U/sec. 20(3) Indian Telegraph Act, 1885.
2 Accused is sentenced to pay fine of Rs.1,000/(Rs.One
Thousand Only) for the offence punishable U/sec. 20 (3)
Indian Telegraph Act, 1885. In default of payment of fine,
accused shall suffer simple imprisonment for 1 (One) Month.
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3 Accused is sentenced to pay fine of Rs.100/ (Rs. One Hundred
Only) for the offence punishable U/Sec. 6 of Indian Wireless
Telegraphy Act, 1933. In default of payment of fine, accused
shall suffer simple imprisonment for 1 (One) day.
4 The seized muddemal i.e. Satellite phone of IRIDIUM
company be forfeited to Government of India, as per section
20 (3)Indian Telegraph Act, 1885, after appeal period is over.
5 Copy of judgment be given free of cost to the accused.
6 Judgment is pronounced in open court.
Date: 27.09.2023
Sd/
(J. W. Gaikwad)
Addl. Chief Metropolitan Magistrate,
22nd Court, Andheri, Mumbai.
csj
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