Final Order 1

Order Details: Order
Pdf Text: 1 of 3
IN THE COURT OF ADDL. CHIEF JUDICIAL MAGISTRATE
22ND COURT, ANDHERI, MUMBAI
(PRESIDED OVER BY G. D. Nirmale)
1. Criminal Case No.
:
2917/PS/2018
Cr. No. 122/2018
2. Date of commission of offence : 07.10.2018.
3. Date of report of complaint : 07.10.2018.
4. Name of the complainant, if any : State of Maharashtra through
M.I.D.C. Police Station
5. Name, parentage, age and
residence of the accused
: Paul Aganal Fernandes
Age : 54 years
Occupation : Service
R/at: G. P Gonsalvis Chawl,
Room No.2, Ravatari,
Marol Village, Andheri(E),
Mumbai.
6. Offence complained of
:
U/sec 85 of the Maharashtra
Prohibition Act, 1949.
7. Particulars of offence:-
:
That you on 07.10.2018 at 01:30 hrs within the jurisdiction of
M.I.D.C. Police Station at public place were found behaving in a
disorderly manner under the influence of drink and thereby
committed an offence punishable under section 85 of the
Maharashtra Prohibition Act and within my cognizance.
8. Plea of Accused:-
Q. 1 : Have you received complaint / case papers ?
Ans. : Yes
-- 1 of 3 --
2 of 3
Q. 2 : Have you heard and understood the charge just now read over
and explained to you in vernacular ?
Ans. : Yes.
Q. 3 : Do you plead guilty to the charge?
Ans. : Yes.
Q. 4 : Do you need free legal aid at the cost of Government ?
Ans. : No.
Mumbai _________________
Date :- Signature of Accused.
Before me,
(Ms. G. D Nirmale)
ACJM, 22nd Court, Andheri, Mumbai
R E A S O N S
1) The accused filed the Purshis at Exh-02 for pleading guilty
of the offence punishable under Section 85 of the Maharashtra
Prohibition Act, 1949. Upon inquiry, this Court finds that the guilt so
confessed by the accused is without compulsion, force, inducement or
threat. This Court has also informed the accused that in case, he pleads
guilty of the offence, he might be subjected to the punishment as
prescribed by the law and therefore, he should not be under an
impression that only because of his such confession, the Court would
think of awarding him lessor or lenient punishment. Even then, the
accused asserted that he is voluntarily pleading guilty in the matter.
-- 2 of 3 --
3 of 3
2) Being convinced of the voluntary nature of the plea of guilt
of the accused, the same is accepted.
3) Having regard to the nature of offence committed by the
accused and having heard the accused and prosecution, this Court is of
the view that the following order shall serve the end of justice.
ORDER
1. The accused stands convicted for commission of offence
under Sections 85 of the Maharashtra Prohibition Act, 1949, vide section
255 of the Criminal Procedure Code, 1973.
2. He is sentenced to Simple Imprisonment Till Rising Court
and to pay fine of Rs.1,000/- (Rs. One Thousand only) in default of fine
he shall undergo S.I. for 08(eight) days for the offence punishable u/s. 85
of the Maharashtra Prohibition Act, 1949.
3. The amount of fine shall be credited to State as per law.
4. Bail bond stands cancelled.
5. Pronounced in open court.
Date:- 08.12.2025
Sd/-
(Ms. G. D. Nirmale)
Addl. Chief Judicial Magistrate,
22nd Court, Andheri, Mumbai.
-- 3 of 3 --