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g. Offence complained of : U/s 9B Explosive Act, 1884.

h. Plea of accused                    : Pleaded Not Guilty
i. Arguments heard on                 : 03.09.2012
j. Final order                        : Convicted
k. Date of Judgment                   : 03.09.2012

BRIEF STATEMENT OF REASONS FOR DECISION:

1. Briefly stated the case of the prosecution is that on 25.10.2008 at 08:00 p.m. at shop no. 352 B, Gali no. 10, Maniram Mandir Road, Bholanath Nagar, Shahdara, Delhi within the jurisdiction of PS Farsh Bazar, accused Rakesh found in possession of fire crackers in the abovesaid shop without having any licence and thereby committed an offence U/s 9B of the Explosive Act.

2. After completion of investigation, charge-sheet was filed.

During trial accused pleaded guilty for the offence U/s 9B of the Explosive Act. He has been explained the accusation and warned of the consequences. Despite warning, the accused insisted on his admission. It is held in State of Maharashtra Vs. Dhruwa Woolen Mills Pvt. Ltd. 1991 Cr.L.J 3141 (Bom) that:

" If the substance of accusation is properly explained to the accused and the accused understands fully the implication of the charge and pleads guilty, the Magistrate can record such plea and convict the accused on accepting such plea."

In my view, the plea of guilt of the accused is voluntary and made without any force and pressure. Therefore, accepting the plea of guilt, I convict the accused namely Rakesh for offence U/s 9B of Explosive Act.

Announced in the                           (Muneesh Garg)
open court on dated 03.09.2012          MM Karkardooma Courts,
                                            Delhi. 03.09.2012





                     ORDER ON POINT OF SENTENCE

I have heard Ld. APP for the State and the Ld. Counsel for the convicts namely Rakesh on point of sentence. It is submitted by the Ld. Counsel for the convict belong to respectable family of the society. It is also submitted on behalf of Convict that he is the sole bread earner in his family. Convict submit that he is a person of clean antecedents. Convict also undertake that he shall remain careful in future. Convict request for a lenient view.

Considering the socio-economic condition of the convict and the fact that the convict has family to be looked after and he want to repent, convict is sentenced to pay a fine of Rs. 1,000/- each U/s 9B of Explosive Act.

Fine Paid.

Bail bond stands cancelled and surety bond stands discharged. Document, if any, be released after cancellation of endorsement, if any, to the person entitled.

Copy of the judgment and of the order of sentence be given dasti to the accused persons at free of cost.