Friday, 29 May 2015

CONVICTION HAVING NARCOTICS SUBSTANCE



IN THE COURT OF (NAME OF JUDGE DESIGNATION AND PLACE)
Narcotics case No.

Narcotics trial No.


State
Versus
(NAME OF ACCUSED, PARENTAGE, AGE, PROFESSION AND RESIDENCE)

Case FIR No.
Offences
Police Station
00/0000
9(b) of CNSA


CHARGE SHEET
I, ( NAME OF JUDGE)/ Special Judge Narcotics, (CITY) charge you accused (NAME OF ACCUSED)
                   That on DATE AND PLACE near Railway crossing    (PLACE) within the jurisdiction of Police Station (Area and Place), you were apprehended by police on account of suspicion and during course of your personal search, Charas weighing 400 grams was recovered from your possession. By keeping this Narcotics substance in your possession, you have committed an offence punishable u/s 9(b) of CNSA which is within the cognizance of this court.  
                   And I hereby direct you accused person above, be tried by this court on the charge mentioned above.
00.00.0000
Addl: Sessions Judge/
Special Judge Narcotics
                    
Certified that the charge noted above has been read over and explained to the accused in the language which he understands. Let his statement be recorded.
00.00.0000
Addl: Sessions Judge/
Special Judge Narcotics
                                                                                       (City).
Confessional statement
Statement of accused  (name and parentage), aged 40 years without oath.
Q.No.1:       Have you heard and understood the charge?
Ans:            Yes.
Q.No.2:       Do you plead guilty to charge?
Ans:            Yes, 400 gram charas was recovered from me.
RO&AC
(Date)

Addl: Sessions Judge/
Special Judge Narcotics
         
Statement of accused  (name and parentage), aged 40 years without oath.

Q.                Why you should not be convicted on the basis  admission of charge by you?
Ans.            Lenient view may be taken.
RO&AC
(Date)

Addl: Sessions Judge/
Special Judge Narcotics
    JUDGMENT
IN THE COURT OF (NAME OF JUDGE DESIGNATION AND PLACE)
Narcotics case No.

Narcotics trial No.


State
Versus
(NAEM OF ACCUSED, PARENTAGE, AGE, PROFESSION AND RESIDENCE)

Case FIR No.
Offences
Police Station
00/0000
9(b) of CNSA


JUDGMENT
                   Accused  (NAME) was sent up to face trial u/s 9 (b) of CNSA in the above noted case on the allegation that he was found in possession of 400 grams Charas  on his personal search by police on (date and time)
                   Charge is framed against the accused u/s 9(b) of CNSA on (date) to which he pleaded not guilty and prosecution evidence was summoned. Today, accused submitted that he wanted to admit the charge. It was explained to him that he was not bound to admit the charge and if he did so his statement might be used as evidence against you. He was given sufficient time to ponder over the matter. He again submitted that he wanted to admit the charge. Charge dated (date)  was again read over and explained to him. His statement was recorded vide which he admitted the charge. Then a notice was given to the accused to explain why he should not be convicted on the basis of admission of charge by him but he did not give any plausible explanation. Offence u/s 9(b) of CNSA stands proved against the accused (name), he is convicted therefor. As far as quantum of sentence is concerned, the convict deserves lenient view due to two reasons firstly he voluntarily admitted the charge and secondly he is shown previously non-convict person. He is sentenced to undergo simple imprisonment for two months and to pay fine of Rs. 10,000/- in case of default in payment of fine, he shall undergo simple imprisonment for ten days. Benefit of section 382-B of Cr.P.C. is given to him. Case property shall be destroyed as per rules after period of appeal or revision if any. Sentence warrant be issued accordingly. File be consigned to the record room after its due completion.
Announced
(date)
                                        (name of the Judge)                                                                                                                    Additional Sessions Judge
                                                                   (City)

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