MOOT PROPOSITION

A boy named Madhav came all long from his native homeland (State of Uttar Pradesh) to try
his luck just like many other boys and girls. He started his career as a background dancer for
many famous established actors. He got his first break in a web series called “Hell” where he
came into the contact of Producer Rahul Singh. He turned his life from a struggling actor to a
well-established actor due to which he started getting movies offer and many other big fame
directors want to work with him. Meanwhile Rahul introduced him to a girl name Sonia who
is a famous model and part time actress and signed both in an upcoming movie name “My
Girlfriend”. After that movie, Madhav and Sonia came closer and in front of the media they
are open about their relationship that they both are dating each other. During these years, Sonia
introduced Madhav to her close friend Akash who works as a supporting staff member in Rahul
Production House. All of them go together to big house parties and get into a very good
relationship. Madhav and Sonia purchased a 4 BHK flat and started living together. The family
of Madhav always complains that whenever they want to talk to Madhav through cell phone
Sonia always remains beside him and sometimes even attends his calls and states that he is
busy and can't talk to you right now. His elder sister and family became very worried as he is
going totally against his nature and behaviour as he always gave utmost importance to the
family.
This keeps on going for so many years as Madhav is a very kind-hearted person and hence,
always donates lakhs of rupees in many charity functions. But this sudden change in nature of
Madhav made his family to investigate further. They came to know that Sonia dictates him in
everyday schedule and even manages his bank accounts where lakhs of rupees were transferred
either to her or to Akash’s accounts. They even get to know that their only son started drinking
alcohol and smoking cigarettes.
On 28th February 2021 through a local newspaper, they came to know that there only son has
committed suicide. This news shocked the family and the film industry that such a kind-hearted
person is no more. The Maharashtra Police registered the case and started the investigation,
and they sent the actors body to Rama Jain Government Hospital for post-mortem (Autopsy)
and started searching for the evidence to find out the real reason of suicide.
Through investigation the police came across Sonia’s Letters and number of messages, number
of bank receipts and many more evidence. They seized Rahul’s Laptop and Mobile phone for
forensics. Family made allegations against Sonia, Akash, and Rahul that they have transferred
large amount of money from Madhav’s Account to their personal bank account, they were
cheating and harassing their son which led him to take such a drastic step.
Considering the situation and on the request of Maharashtra Police on 5 March 2021
Enforcement Directorate (ED) filed the money laundering case against Sonia, Akash and Rahul
under Prevention of Money Laundering Act, 2002. Maharashtra Police also filed the FIR
against all 3 of them under various sections of Indian Penal Code namely, Sec. 341, 342,
380,406, 420, 306. During investigation ED came across drug angle involved in the case so
they requested Narcotics Control Bureau (NCB) to file a case against all three of them and on
6 March 2021 NCB registered the case under section 20, 22, 27 and 29 of NDPS Act, 1985.
Sonia, Akash and Rahul were arrested by Maharashtra Police on 7 March 2021 from different
locations Sonia and Akash from GCC International Airport Entrance Gate No. 4 and Rahul
from a Toll Plaza and were produced before the Judicial Magistrate. The Judicial Magistrate
sent all three of them to 6 days police custody. The very next day they applied for bail in the
Sessions Court stating that Maharashtra Police do not have any concrete evidence against them,
and they have been arrested because of media and public pressure on them.
Sessions Court sets 10th March 2021 to consider the bail application and henceforth, dismissed
the bail application and sent all three of them to 14 days judicial custody. Meanwhile NCB also
found out some drug plot in the said case and arrested Smith (Local Drug Dealer).
On 12 March 2021 all three of them filed a bail application in Hon’ble High Court of
Maharashtra contending:
1. They were not given appropriate opportunity to present their case before the court.
2. All investigation agencies are working partially under immense pressure from the public as
well as the media.
3. The court must grant us bail as there is no concrete evidence against us.
4. The court must stop media cover ups as they are flourishing in several stories in the market.
And prayed before the court that the matter must be transferred from Maharashtra Police
enquiry to CBI enquiry. The High Court of Maharashtra came up with an order that:
“Bail cannot be granted under such sections and send all three of them to 6 days judicial
custody altering 14 days Sessions Court order. The question of transferring the current matter
to CBI doesn’t arise. This court ordered NCB and ED to file a charge-sheet within 3 days’ time
span. As far as the issue of the media is concerned, we have full faith in them.”
Sonia, Akash and Rahul filed an appeal in the Hon’ble Supreme Court against the order passed
by the High Court contending as follows:

• The High Court had wrongfully tried the case and it was ultra vires for them to charge
them in accordance with the Indian Penal Code.
• The media must be stopped covering this matter as they are portraying them guilty in
media trials which is causing immense mental pressure on them.
• NCB and ED failed to produce any concrete evidence against them so they must be
granted protection from any kind of arrest from these agencies.
• The following case must be transferred to CBI for investigation as the State and the
aforementioned agencies were investigating this matter under partial approach.
Admitting the appeal, the Hon’ble Supreme Court has decided the date of hearing.
Participants may refer following legislations:
1. The Constitution of India,
2. Indian Penal Code, 1860
3. Narcotic Drugs and Psychotropic Substances Act, 1985
4. Code of Criminal Procedure, 1973
5. Prevention of Money Laundering Act, 2002 etc.