I needed answer for this problem sir..immediate help needed sir
M.KOMBAI MUTHU
(Querist) 13 April 2016
This query is : Resolved
Moot Court Problem
Mr. X & Y were arrested in connection with crime no 123/15 registered by the AB Police station for the offence punishable under section 34 of Karnataka Excise Act, 1965 and under Section 79- 80 Karnataka Police Act 1963 & read with section N D P S Act, 1985, Mr. X& Y, were released on bail by the I. ACCM, Bangalore. Investigation of the case has not been completed & final report under section 173 of CrPC has not been submitted.
After granting bail to Mr. X& Y, The I ACCM, Bengaluru adjourned the case to 1.1.2016. On that day, Mr. X & Y, who are the permanent resident of Maharashtra, did not appear before the I ACCM; Bengaluru After noticing the absence of Mr. X & Y (Accused no 1&2). The Trial court issued Non-bail able Arrest warrant to secure and produce them before the court on the next date of hearing on 2.5.2016
The Accused 1& 2 (X & Y) have challenged the order of NBW by filing the criminal petition no 114/2016 before the Hon’able High Court of Karnataka on the following grounds.
1. The Accused No 1& 2 need not appear before the I ACCM, Bangalore, before submission of charge sheet and before cognizance is taken and process is issued. Hence, issue of NBW is in violation and Article 21 of COI.
2. The state Public Prosecutor contends that as there is reasonable ground to proceed against Accused 1 & 2, they must appear before the Court even after bail granted on certain conditions.
[Note: The students must keep in mind the provision of section 154 & 173 (2) of CrPC]
[NDPS Act 1985, the Narcotic Drugs & Psychotropic Substance Act]
Draft Memorial and argue the Matter either on behalf of the Accused or Prosecution.
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malipeddi jaggarao
(Expert) 14 April 2016
Moot court problems are to be solved by the candidate on his/her own using the depth of the knowledge. If you obtain answers from us to your moot court problem, there is no meaning for it. Use your brain.
