memorial of criminal law, Study Guides, Projects, Research of International Criminal Law

Download memorial of criminal law and more Study Guides, Projects, Research International Criminal Law in PDF only on Docsity! BEFORE THE HON’BLE HIGH COURT OF HARINAGAR APPEAL NO. OF 2023 1 1. UMAKANT 2. SAJU RAM ……(APPELLANTS) VS STATE OF HARINAGAR .…. (RESPONDENT) MEMORIAL ON THE BEHALF OF APPELLANTS APPEAL AGAINST CONVICTION AGAINST THE ORDER PASSED BY THE LEARNED SPECIAL COURT OF KANOL IN A CASE REGISTERED VIDE FIR NO. 120/2016 SENTENCING APPELLANTS FOR OFFENCES U/S 20 READ WITH S. 31OF THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1985. TEAM CODE: 2 TABLE OF CONTENTS INDEX OF AUTHORITIES…………………………………………………………….2 LIST OF ABBREVIATIONS……………………………………………………………3 STATEMENT OF JURISDICTION……………………………………………………..4 STATEMENT OF FACTS……………………………………………………………5-10 STATEMENT OF ISSUES............................................................................................11 SUMMARY OF ARGUMENTS………………………………………………………12-13 ARGUMENTS ADVANCED…………………………………………………………14-23 PRAYER………………………………………………………………………………24 5 STATEMENT OF JURISDICTION THE APPELLANTS APPROACHED THE HON’BLE HARINAGAR HIGH COURT AND THE RESPONDENTS HUMBLY SUBMITS THAT THE HON’BLE HIGH COURT OF HARINAGAR HAVE JURISDICTION TO ENTERTAIN THE MATTER BEFORE IT UNDER SECTION 374 (2) CR.P.C. THE APPELLANT HAS APPROACHED THE HON’BLE HIGH COURT AGAINST THE ORDER OF CONVICTION OF SPECIAL COURT. “THE CRIMINAL PROCEDURE CODE; UNDER SECTION 374” READS AS: APPEALS FROM CONVICTIONS:  (2) ANY PERSON CONVICTED ON A TRIAL HELD BY A SESSIONS JUDGE OR AN ADDITIONAL SESSIONS JUDGE ORON A TRIAL HELD BY ANY OTHER COURT IN WHICH A SENTENCE OF IMPRISONMENT FOR MORE THAN SEVEN YEARS HAS BEEN PASSED AGAINST HIM OR AGAINST ANY OTHER PERSON CONVICTED AT THE SAME TRIAL, MAYAPPEAL TO THE HIGH COURT. 6 STATEMENT OF FACTS 1) On 18th August 2016 Umakant, was driving his Maruti Gypsy having registration number HN34-0420 from Malal to Namoor. He was accompanied by Saju Ram, travelling in the same vehicle. About 8:30 pm, the said vehicle was signaled to stop at a Police Naka near Bhagaul on Bhagaul-Muhshehar Road by the police party on duty. Police team deployed at Naka duty was comprised of SI Naresh Kumar, HC Dile Ram, Constable Prem Singh and Constable Ram Lal of Police Station, Bhagaul. 2) Constable Ram Lal asked Umakant about the journey and asked him to come out of the vehicle and open its rear door for search. Umakant opposed and said to Ram Lal that he may be allowed to proceed as he is in hurry to attend an urgent work at home (Namoor). Ram Lal reported the matter to SI Naresh Kumar, who himself proceeded towards vehicle along with Head Constable Dile Ram. SI Naresh Kumar told Umakant that vehicle was needed to be searched and Umakant had to open the rear door of the vehicle. Umakant came out of the vehicle along with Saju Ram and opened the rear door of the vehicle. Search of the vehicle was conducted by HC Dile Ram in the presence of SI Naresh Kumar. 3) A blue backpack/bag was lying in the dikki of the vehicle. SI Naresh Kumar asked Umakant about the bag and the items in the bag. Umakant told to SI Naresh Kumar that bag contained nothing else but only clothes. SI Naresh Kumar asked him to open the bag but Umakant requested that he is in hurry so he should be allowed to go otherwise he will be late in reaching the destination for an urgent work. The police party became suspicious about the contents of the bag due to the reluctance of Umakant in opening the bag. SI called on phone one Mr. Sunder Singh a resident of nearby village Hathithan and requested him to come on the spot. Meanwhile, one Mr. Jaswant, who was on his way to Muhshehar in his Maruti Suzuki Alto Car bearing Registration No. HN34-1828 was stopped at Naka by the Police party. Mr. Jaswant 7 was ordered by SI Naresh Kumar to get down of the vehicle. In between Mr. Sunder Singh reached on the spot. Both Sunder Singh and Jaswant were asked by Sub Inspector Naresh Kumar to witness the search of bag found in the vehicle of Umakant. 4) During the search of the bag one polythene packet was found containing substance like charas of about two Kg (2Kg.). While the police party was busy in opening the bag, Umakant slipped away from the spot and could not be found by the police party. However, Saju Ram was detained by SI Naresh Kumar. A recovery memo of one packet of the contraband substance was prepared which was signed by Sunder Singh and Jaswant as independent witnesses. When Saju Ram was asked by the police about the recovered substance, he told that he was accompanying Umakant from Malal but he does not have knowledge about the narcotic found in the vehicle under seize. 5) Thereafter, SI Naresh Kumar ordered head constable Dile Ram for personal search of Saju Ram. Personal search of Saju Ram was done after asking him that "Do you agree to be searched here otherwise you will be taken to the Gazetted Officer or the Magistrate?" Saju Ram submitted himself for search to HC Dile Ram saying that he has done nothing. During search, apart from the personal belongings, charas like substance of about 100 grams, covered in a piece of polythene was found from the pocket of pant/trouser of Saju Ram. Thereafter a search memo was prepared and signed by independent witnesses Sunder Singh and Jaswant and also by SI Naresh Kumar and HC Dile Ram with respect to recovery of the contraband from the person of Saju Ram. 6) The recovered material and Maruti Gypsy vehicle HN34-0420 were taken to Police Station Bhagaul, along with Saju Ram in custody. Registration documents were taken out of the vehicle and inspected by the police party to find out the owner of the vehicle. After the inspection of the documents, it was found that Maruti Gypsy HN34-0420 is owned by Mrs. Sarla resident of VPO Namoor, District Kanol, Harinagar. 7) The quantity of the Narcotic substance (Charas) recovered from the bag placed in the 10 LEGAL ISSUES ISSUE NO. 1 : WHETHER THE PRESENT APPEAL IS MAINTAINABLE OR NOT? ISSUE NO. 2: WHETHER THE TRIAL COURT HAS ERRED IN CONVICTING THE ACCUSED PERSONS ? 11 SUMMARY OF ARGUMENTS ISSUE NO. 1 : WHETHER THE PRESENT APPEAL IS MAINTAINABLE OR NOT? ISSUE NO. 2: 12 WHETHER THE TRIAL COURT HAS ERRED IN CONVICTING THE ACCUSED PERSONS ? ARGUMENTS ADVANCED ISSUE NO. 1: WHETHER THE PRESENT APPEAL IS MAINTAINABLE OR NOT? ISSUE NO. 2: WHETHER THE TRIAL COURT HAS ERRED IN CONVICTING THE ACCUSED PERSONS ?