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PAPERBOOK
THE 7TH ANNUAL ADV. B. P. APTE MEMORIAL MOCK TRIAL, MOOT COURT & JUDGEMENT
WRITING COMPETITION, 2019.
PAPERBOOK
STATE OF MAHARASHTRA
Versus
1. Statement of Facts 3
3. Chargesheet (Exhibit B) 10
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THE 7TH ANNUAL ADV. B. P. APTE MEMORIAL MOCK TRIAL, MOOT COURT & JUDGEMENT
WRITING COMPETITION, 2019.
DISCLAIMER
The facts stated in the present case are fictitious and have been drafted solely for
the purposes of the competition. The facts, names, locations and dates bear no
resemblance to any person, event or happening whether dead or alive. Any
resemblance, if any found is purely co-incidental.
No additional evidence or additional witness testimonies (other than provided)
can be brought on record by any team for the purposes of the competition.
Failure to adhere to the same will result in disqualification.
The names used in the case are purely for the purposes of the competition. No
real incidences are to be attached with them.
This problem does not intend to hurt the feelings of any section of the society or
to offend any person.
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THE 7TH ANNUAL ADV. B. P. APTE MEMORIAL MOCK TRIAL, MOOT COURT & JUDGEMENT
WRITING COMPETITION, 2019.
STATEMENT OF FACTS
following the Centre-biased form of a federation. Besides the duly established laws,
morality and cultural norms play a huge role in influencing the policies of the state.
variety of faiths and these have a very heavy influence on the way of life of the
people. While essentially different, these socio-cultural and religious sects have one
It came to the notice of the Government that the problem of usage of narcotic
drugs and other addictive substances is increasing in the society, harming not only
the moral fabric, but also the law and order situation in the Union of Findia. To
tackle this problem, it was found that the conventional legislations were excessively
falling short to meet the desired objective. Therefore, the Union Legislative Body, i.e.
In the State of Maharashtra, there exists a religious cult headed by one, Kishu
Rado since 1950s. The cult believes in attaining the state of nirvana by a ‚technique of
transformation‛. The cult took pride in defying the set social norms and standards of
morality as the mind appeals to such notions and deprives the human being of the
ability to live authentically causing them to repress their genuine emotions and to
shut themselves off from the joyful experiences that arrive naturally when
The cult, since its inception, has been indulging in practices which are
various behaviours which are considered to be immoral, including but not limited to
promiscuity and usage of certain substances which will liberate them and set them
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THE 7TH ANNUAL ADV. B. P. APTE MEMORIAL MOCK TRIAL, MOOT COURT & JUDGEMENT
WRITING COMPETITION, 2019.
A final year law student, Barty Junior, came into contact of one Maa Liela,
who was an active member of the abovementioned cult, through social media. She
promised to guide him to attain mental peace and nirvana if he would incorporate
the teachings of the cult in his life. Upon Maa Liela’s persistent persuasion, Barty
agreed to meet Kishu, the leader of the cult, at her residence to begin his journey
Impressed by the rebellious and modernistic views, Barty visited Maa Liela’s
residence on 11th June, 2019 once again and decided to meet on 25th June, 2019 for the
next session. Thereafter on 23rd June, 2019 the police received an anonymous tip
On 25th June, 2019, Barty arrived at her residence at around 9:00 am and saw
Kishu already meditating. They began the session at around 9:30 am. Thereafter in
order to help Barty focus on his meditation and understand and appreciate the
Kishu way of life better, Maa Liela offered him a packet of a brownish white powder
which she called the ‘essence of heaven’. Kishu explained him the correct way to
take in the essence. He also told Barty that he had been taking the essence since a
while and that it takes you into a world of nirvana, away from the chaos of life. At
first Barty resisted, but when Kishu persuaded him, he also took in the essence.
At around 10:15 am PI Kiran Desai along with his raiding unit arrived at Maa
Liela’s residence. They rang the door-bell at first. However, when there was no
response, PI Desai decided to break open the door. On entering, they saw Barty,
Kishu and Maa Liela sitting on the floor. They saw lines of brownish white powder
on the dining table and an open packet which they suspected to be an addictive
substance which is commonly known as heroin. Upon being asked, Maa Liela said
that the powder was being used for meditation. Further they also came across a brief
case on the 1st floor of the house wherein there were 2 packets of the similar powder.
They seized, sealed and also collected samples for chemical analysis.
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THE 7TH ANNUAL ADV. B. P. APTE MEMORIAL MOCK TRIAL, MOOT COURT & JUDGEMENT
WRITING COMPETITION, 2019.
with due procedure for arrest, search and seizure specified under the NDPS Act,
1985. Charges were framed against the three of them under the NDPS act, 1985.
Aggrieved by the arrest, Kishu and Maa Liela took the defense that whatever
they did was within the four corners of their house, and thus within their Right to
didn’t disturb any third person and hence the State had no business in interfering
with their personal life. Thus, they filed a Public Interest Litigation in the Hon’ble
the NDPS Act. Several other petitions challenging various other provisions were also
filed in the Supreme Court. The Supreme Court has clubbed all these Petitions to be
heard together. They also prayed for a stay on the trial till the Supreme Court
decided on the said PIL. However, the Supreme Court was not inclined to stay the
Note- In the preliminary rounds, the teams are required to lead evidence and argue once from
the Prosecution side and once from the Defence side. The teams qualifying for the semi-final
round are required to argue upon the Constitutional validity of the provisions which are
under challenge before the Supreme Court. Thus, the Preliminary round shall be a Trial
before the Court of the Principal Sessions Judge, whereas the subsequent rounds shall be in
the nature of arguments upon the Constitutional validity of the provisions which are under
challenge. For elaborate details regarding the nature of the competition, please refer to the
rules and regulations. The trial is to be conducted as per the procedure mandated by the Code
of Criminal Procedure. Please note that all laws in the Union of Findia including the ‘The
Narcotic Drugs and Psychotropic Substances Act, 1985’ (NDPS) are para materia to the
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THE 7TH ANNUAL ADV. B. P. APTE MEMORIAL MOCK TRIAL, MOOT COURT & JUDGEMENT
WRITING COMPETITION, 2019.
Exhibit A
1.
a) State: Maharashtra
b) District: Mumbai
e) Year 2019
f) Date: 25/06/2019
2. Act- Narcotic Drugs and Psychotropic Substances Act, 1985 Sections: sec 17,
Act- Narcotic Drugs and Psychotropic Substances Act, 1985 Sections: sec 27.
Act- Narcotic Drugs and Psychotropic Substances Act, 1985 Sections: sec 27.
Day – Tuesday
Date – 25.06.2019
Date: 23.06.2019
Time: 07:30 pm
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THE 7TH ANNUAL ADV. B. P. APTE MEMORIAL MOCK TRIAL, MOOT COURT & JUDGEMENT
WRITING COMPETITION, 2019.
Ward: F North
(c) In case outside the limit of this police station then that police station’s
Name: N/A
Taluka: N/A
District: N/A
State: N/A
6. Complainant/ Informant-
· Address: N/A
· Ward: N/A
· District: N/A
· State: N/A
Age: 35
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THE 7TH ANNUAL ADV. B. P. APTE MEMORIAL MOCK TRIAL, MOOT COURT & JUDGEMENT
WRITING COMPETITION, 2019.
Age: 40
Age: 23
powder
12. FIR Content: On this specified day, accused no. 1, Ms. Liela Romanoff,
accused no. 2, Kishu Rado and accused no. 3, Barty Junior, were arrested at
the residence of accused no. 1. Some loose powder was found on the table and
two packets of the identical brownish white powder were found in the
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THE 7TH ANNUAL ADV. B. P. APTE MEMORIAL MOCK TRIAL, MOOT COURT & JUDGEMENT
WRITING COMPETITION, 2019.
F.I.R read over to the Complainant/Informant, admitted to be correct and copy given
Sd/- Sd/-
Mumbai
Signature of
complainant/
Informant
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THE 7TH ANNUAL ADV. B. P. APTE MEMORIAL MOCK TRIAL, MOOT COURT & JUDGEMENT
WRITING COMPETITION, 2019.
Exhibit B
CHARGE SHEET
Form 5 - A
1) District: Mumbai
Year: 2019
CR No: 123/19
Date: 25.06.2019
Date: 12.08.2019
3) Date: 12.08.2019
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THE 7TH ANNUAL ADV. B. P. APTE MEMORIAL MOCK TRIAL, MOOT COURT & JUDGEMENT
WRITING COMPETITION, 2019.
Designation: Police Inspector, Ganesh Nagar Police station, Narcotics Cell, Mumbai
recovered or
seized
powder
powder in a
packet
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THE 7TH ANNUAL ADV. B. P. APTE MEMORIAL MOCK TRIAL, MOOT COURT & JUDGEMENT
WRITING COMPETITION, 2019.
Form 5 B (1)
(xvi) Under Acts and Sections: Narcotic Drugs and Psychotropic Substances Act,
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THE 7TH ANNUAL ADV. B. P. APTE MEMORIAL MOCK TRIAL, MOOT COURT & JUDGEMENT
WRITING COMPETITION, 2019.
Form 5 B (2)
(vii)Religion: ------
(viii)Whether SC/ST: no
(xvi) Under Acts and Sections: Narcotic Drugs and Psychotropic Substances Act,
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THE 7TH ANNUAL ADV. B. P. APTE MEMORIAL MOCK TRIAL, MOOT COURT & JUDGEMENT
WRITING COMPETITION, 2019.
Form: 5 D
The report of the Chemical Analyser has been annexed. The substance found in
samples A1, B1, C1 and D1 was Diacetyl Morphine. There were traces of Diacetyl
Morphine in Blood samples Y1 and Z1 and no such traces were found in X1.
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WRITING COMPETITION, 2019.
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THE 7TH ANNUAL ADV. B. P. APTE MEMORIAL MOCK TRIAL, MOOT COURT & JUDGEMENT
WRITING COMPETITION, 2019.
Sample)
Sample)
Sample)
Sample)
Sample)
Sample)
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THE 7TH ANNUAL ADV. B. P. APTE MEMORIAL MOCK TRIAL, MOOT COURT & JUDGEMENT
WRITING COMPETITION, 2019.
Sd/- Sd/-
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THE 7TH ANNUAL ADV. B. P. APTE MEMORIAL MOCK TRIAL, MOOT COURT & JUDGEMENT
WRITING COMPETITION, 2019.
Exhibit C
Names of Panchas:
We, the above mentioned panchas were called by PI Kiran Desai. We were
informed that certain illegal drug related activities were taking place at Happy
Villa, the house of Maa Liela. We were explained the objective for carrying out the
Panchnama and were requested to be panchas for the same. Upon the said request
We received a call at about 9.00 am from the Ganesh Nagar Police Station and
were called there. We reached the police station at 9:15 am. There, we were asked to
check and examine the Police officers and the entire raiding unit to see if any of
them carried any illegal items which could be planted at the crime scene to falsely
incriminate a person.
On proper examination of the raiding unit we concluded that the officers did
not possess any such items with them. Further, the pre trap panchanama was
After recording the panchnama we proceeded to Happy Villa where the illicit
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THE 7TH ANNUAL ADV. B. P. APTE MEMORIAL MOCK TRIAL, MOOT COURT & JUDGEMENT
WRITING COMPETITION, 2019.
Exhibit D
SPOT PANCHNAMA
Names of Panchas:
We, the abovementioned panchas, went to Happy Villa from the Ganesh
Nagar Police Station with the Raiding Unit of the Anti Narcotics Cell of Ganesh
We reached the spot along with raiding unit which consisted of 4 officers i.e
Raiding officer PI. Kiran Desai, 2 male officers and 1 female officer. Then, we
proceeded towards the house. The villa was one storied. It had a plain white colour
and a wooden door. There was a garden outside with a few plants. The door did not
have any name plate. PI Desai rang the door-bell. There was no response for about 2
to 4 minutes, after which PI Desai asked one of the officers to break into the house.
On entering the house, we saw two males and one female sitting on the floor,
in the living room. On seeing us, they were extremely shocked. The female was
dressed in a Saree. One of the males was dressed in a long white Kaftaan and the
other was casually dressed. On being interrogated by the police, they told us their
names and said that they were meditating in an attempt to attain nirvana.
The Police officer informed them about their rights, which included the right
to choose the officer who would search them. They also had the right to check if the
officer searching them had any illegal items on him. The physical search was
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THE 7TH ANNUAL ADV. B. P. APTE MEMORIAL MOCK TRIAL, MOOT COURT & JUDGEMENT
WRITING COMPETITION, 2019.
Further, they began to search the house. The search was conducted anti clock
wise. On our right-hand side, there was a sofa and a small table in front of it. There
were some books on the table. Some plastic bottles were lying on the floor.
There was a dining table in the left corner. On the dining table, a packet of
brownish white powder was found which weighed approximately 75gm and thin
lines of the powder were drawn on the table. The officers conducted a preliminary
test of the powder using a ‘Drug Detection Kit’ which indicated that the substance
The officers seized and sealed two samples of the powder, which was found
lying on the dining table, each weighing 2gm, and named it as Sample A1 and A2
respectively. The remaining powder was seized and sealed naming it Sample A.
They collected the powder found in the packet on the dining table in a similar
manner. They named the two samples weighing 5gm each as Sample B1 and B2.
They also collected the remaining powder from the packet and named it as Sample
Opposite the main door, there was a passage which led to the kitchen. The
kitchen walls were yellow and it was relatively clean. There was only 1 cupboard
which had some utensils. The stove was off and there were no vessels on the stove.
There was a sink on the right-hand side of the stove which had some used mugs in
it. Next to the sofa, there was a passage which further led to a flight of stairs, which
led us to the first floor of the house. There was only one bedroom whose door was
open and there was a huge balcony on the left side of the stairs. The bedroom walls
were also white. There was a cupboard on the right side of the door and a mattress
on the floor along with a photo frame of Kishu under the window which was
opposite the door. One of the officers opened the cupboard and saw some clothes,
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THE 7TH ANNUAL ADV. B. P. APTE MEMORIAL MOCK TRIAL, MOOT COURT & JUDGEMENT
WRITING COMPETITION, 2019.
coloured substance which weighed 90 gm each. The officers collected two samples
from one of the packets, each weighing 5gm of the brownish white powder and
named it as Sample C1 and C2 respectively. The remaining was collected and named
Sample C, weighing 80 gm. They collected the same from the other packet and
gm. All the samples were collected in transparent polythene bags which were
Further, they arrested the trio and took them to the Government Hospital,
Parel, where their blood samples were taken in duplicate. They were marked as
follows:
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THE 7TH ANNUAL ADV. B. P. APTE MEMORIAL MOCK TRIAL, MOOT COURT & JUDGEMENT
WRITING COMPETITION, 2019.
Exhibit E1
ARREST MEMO
Alphanumeric code of the Accused A1 (Write A1 to A9 for the first 9 persons, B1 for
10th persona and so on)
-Date & Time of Arrest / Surrender: Date 25/06/2019, Time. 10.30 p.m. to 11.30 p.m.
-Acts and Sections: Narcotic Drugs and Psychotropic Substances Act, 1985. Sections: 17,
21(c), 25
-Arrested and sent up / Arrested and released on bail / Surrendered in court and
bailed out / Surrendered in court and sent to judicial custody / Surrendered in court
and remanded to Police custody (tick the applicable portion).
(vi)Religion: -------
(x)SC/ST: Nil
(xi)Occupation: ------
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THE 7TH ANNUAL ADV. B. P. APTE MEMORIAL MOCK TRIAL, MOOT COURT & JUDGEMENT
WRITING COMPETITION, 2019.
-The accused, after being informed of the grounds of arrest and his legal rights, was
duly taken into custody on 25/06/2019 at 11.35 p.m. to 12.00 p.m. at Parel.
- The following article(s) was / were found on physical search, conducted on the
person of the accused, and were taken into possession for which a receipt was given
to the accused.
- Necessary wearing apparels were left on the accused for the sake of human dignity
and body protection.
- The accused was cautioned to keep himself / herself covered for purpose of
identification.
a. Living Status: Living alone or with Family / Relation (wife)/ Associate in Pucca
House / Hotel / Hostel / Kachcha House / Thatched House / Slum or is homeless.
c. *Occupation: ------
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THE 7TH ANNUAL ADV. B. P. APTE MEMORIAL MOCK TRIAL, MOOT COURT & JUDGEMENT
WRITING COMPETITION, 2019.
d. *Income Group:
-Whether the accused person, as per the observations and known Police records:
- Is dangerous Yes/No
-If released on bail, is likely to commit another crime immediately or threaten the
victims / witnesses. Yes/No
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THE 7TH ANNUAL ADV. B. P. APTE MEMORIAL MOCK TRIAL, MOOT COURT & JUDGEMENT
WRITING COMPETITION, 2019.
Exhibit E2
ARREST MEMO
-Dist. Mumbai : P.S. Ganesh Nagar Police Station, Parel. Year 2019, FIR No. /
Proceeding No. 123/2019, Date. 25.06.2019
Alphanumeric code of the Accused A2 (Write A1 to A9 for the first 9 persons, B1 for
10th persona and so on)
-Date & Time of Arrest / Surrender: Date 25.06.2019, Time. 11.35 p.m. to 12.00 p.m.
-Acts and Sections: Narcotic Drugs and Psychotropic Substances Act, 1985. Sections:
17, 21(c), 25
-Arrested and sent up / Arrested and released on bail / Surrendered in court and
bailed out / Surrendered in court and sent to judicial custody / Surrendered in court
and remanded to Police custody (tick the applicable portion).
(x)SC/ST: Nil
(xi)Occupation: ------
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THE 7TH ANNUAL ADV. B. P. APTE MEMORIAL MOCK TRIAL, MOOT COURT & JUDGEMENT
WRITING COMPETITION, 2019.
-The accused, after being informed of the grounds of arrest and his legal rights, was
duly taken into custody on 25/06/2019 at 11.35 p.m. to 12.00 p.m. at Parel.
- The following article(s) was / were found on physical search, conducted on the
person of the accused, and were taken into possession for which a receipt was given
to the accused.
2. White handkerchief
- Necessary wearing apparels were left on the accused for the sake of human dignity
and body protection.
- The accused was cautioned to keep himself / herself covered for purpose of
identification.
a. Living Status: Living alone or with Family / Relation (wife)/ Associate in Pucca
House / Hotel / Hostel / Kachcha House / Thatched House / Slum or is homless.
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THE 7TH ANNUAL ADV. B. P. APTE MEMORIAL MOCK TRIAL, MOOT COURT & JUDGEMENT
WRITING COMPETITION, 2019.
c. *Occupation: ------
d. *Income Group:
-Whether the accused person, as per the observations and known Police records:
- Is dangerous Yes/No
-If released on bail, is likely to commit another crime immediately or threaten the
victims / witnesses. Yes/No
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THE 7TH ANNUAL ADV. B. P. APTE MEMORIAL MOCK TRIAL, MOOT COURT & JUDGEMENT
WRITING COMPETITION, 2019.
Exhibit E3
ARREST MEMO
-Dist. Mumbai : P.S. Ganesh Nagar Police Station, Parel. Year 2019, FIR No. /
Proceeding No. 123/2019, Date. 25.06.2019
Alphanumeric code of the Accused A3 (Write A1 to A9 for the first 9 persons, B1 for
10th persona and so on)
-Date & Time of Arrest / Surrender: Date 25.06.2019, Time. 11.35 p.m. to 12.00 p.m.
-Acts and Sections: Narcotic Drugs and Psychotropic Substances Act, 1985. Sections:
17, 21(c), 25
-Arrested and sent up / Arrested and released on bail / Surrendered in court and
bailed out / Surrendered in court and sent to judicial custody / Surrendered in court
and remanded to Police custody (tick the applicable portion).
(vi)Religion: -------
(x)SC/ST: Nil
(xi)Occupation: ------
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THE 7TH ANNUAL ADV. B. P. APTE MEMORIAL MOCK TRIAL, MOOT COURT & JUDGEMENT
WRITING COMPETITION, 2019.
-The accused, after being informed of the grounds of arrest and his legal rights, was
duly taken into custody on 25/06/2019 at 11.35 p.m. to 12.00 p.m. at Parel.
- The following article(s) was / were found on physical search, conducted on the
person of the accused, and were taken into possession for which a receipt was given
to the accused.
2. White handkerchief
3. College ID Card
- Necessary wearing apparels were left on the accused for the sake of human dignity
and body protection.
- The accused was cautioned to keep himself / herself covered for purpose of
identification.
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THE 7TH ANNUAL ADV. B. P. APTE MEMORIAL MOCK TRIAL, MOOT COURT & JUDGEMENT
WRITING COMPETITION, 2019.
a. Living Status: Living alone or with Family / Relation (wife)/ Associate in Pucca
House / Hotel / Hostel / Kachcha House / Thatched House / Slum or is homless.
c. *Occupation: ------
d. *Income Group:
-Whether the accused person, as per the observations and known Police records:
- Is dangerous Yes/No
-If released on bail, is likely to commit another crime immediately or threaten the
victims / witnesses. Yes/No
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THE 7TH ANNUAL ADV. B. P. APTE MEMORIAL MOCK TRIAL, MOOT COURT & JUDGEMENT
WRITING COMPETITION, 2019.
Exhibit F
STATEMENT OF COMPLAINANT
On 23rd June 2019, I was present at the police station, when I received a phone
call at around 07:30 pm. The person calling said that they have some information
regarding certain illegal drug activities taking place at a house nearby. But they
insisted that their name should not be revealed. I considered this as an ‘anonymous
The caller further informed me that a few people gather and commit offences
relating to drugs at the residence of one, Maa Leila. The caller also told me that there
was another meeting in the next couple of days. After receiving the information, I
took it down in writing and informed my superior PI Kiran Desai about the same.
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THE 7TH ANNUAL ADV. B. P. APTE MEMORIAL MOCK TRIAL, MOOT COURT & JUDGEMENT
WRITING COMPETITION, 2019.
Exhibit G
SANTACRUZ, MUMBAI
Examination report
To,
Mumbai.
5) Conditions of parcel(s)/seal(s):
respectively and labeled as, ‚Anti Narcotics Cell, ATS, Mumbai‛, along with
labeled as, ‚Anti Narcotics Cell, ATS, Mumbai‛, along with other details of
the case.
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THE 7TH ANNUAL ADV. B. P. APTE MEMORIAL MOCK TRIAL, MOOT COURT & JUDGEMENT
WRITING COMPETITION, 2019.
Exhibit H
NARCOTICS DIVISION
M.L.Case No. : N-321/19 C.R.No. : 123/19 Police Station: Anti Narcotics Cell, Mumbai
Date of Test
4. Weight o Exhibits: A1- 2g. B1- 5g. C1- 5g. D1-5g. 26.06.19
8. Solubility Test:
2) Draggendorff’s Reagent
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THE 7TH ANNUAL ADV. B. P. APTE MEMORIAL MOCK TRIAL, MOOT COURT & JUDGEMENT
WRITING COMPETITION, 2019.
Observations:
2) Conditions:
i) Column: HP-17
3) Observations:
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THE 7TH ANNUAL ADV. B. P. APTE MEMORIAL MOCK TRIAL, MOOT COURT & JUDGEMENT
WRITING COMPETITION, 2019.
Result of Analysis
- The substance which was found in all four exhibits A1, B1, C1 and D1 was
- Exhibits A1, B1, C1 and D1 fall under section 2(xvi)(e) of the NDPS Act.
Sd/-
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THE 7TH ANNUAL ADV. B. P. APTE MEMORIAL MOCK TRIAL, MOOT COURT & JUDGEMENT
WRITING COMPETITION, 2019.
Exhibit I
NARCOTICS DIVISION
M.L.Case No. : N-321/19 C.R.No. : 123/19 Police Station: Anti Narcotics Cell, Mumbai
Sd/-
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