Bgu Moot Problem
Bgu Moot Problem
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ABOUT THE COMPETITION
The 2nd Edition of the national level Moot Court Competition by Birla
Global University, Bhubaneswar is conducted in honor of Late Arjunlal
Agarwal, the visionary founder of Agarwal Law Office, established in the late
1960s. Late Arjunlal Agarwal’s remarkable legacy of expertise, dedication, and
service to the legal profession continues to inspire generations of lawyers.
Agarwal Law Office stands today as a testament to his vision, combining the
comprehensive expertise and capabilities of a large firm with the personalized
attention and responsiveness of a boutique practice. With its presence
spanning across India, the firm remains committed to delivering exceptional
legal services tailored to the diverse needs of its clients. This competition
seeks to commemorate the life and contributions of Late Arjunlal Agarwal,
whose values of integrity, commitment, and excellence remain at the heart of
the legal community.
ELIGIBILITY & COMPOSITION 1
ROUNDS & REGISTRATION 2
RULES FOR THE COMPETITION 3-8
MEMORIALS 3
RESEARCHER’S TEST 5
ORAL ROUNDS 5
AWARDS 6
OTHER RULES 6-8
ACCOMODATION 7
PAYMENT INFO 9
MOOT PROBLEM 10-19
TIMELINE 20
ANNEXURE-A 21-22
(REGISTRATION FORM)
ANNEXURE-B 23
(TRAVEL DETAILS FORM)
ELIGIBILITY
Students of three-year and five-year integrated law degree
courses from any University/Law School/College/ Department
are eligible to participate in the competition. However, a
maximum of one team shall be allowed to participate from
any one University/Law School/College/ Department.
COMPOSITION
Each team shall consist only of three members, comprising
two speakers and one researcher.
Any alteration of the names of the team members shall be
informed in writing to that effect, addressed to the Dean,
Birla School of Law, Birla Global University, Bhubaneswar,
by the Vice Chancellor / Dean / Director / Head of the
Department of the University / School / Department /
College of Law, of the team requesting such alteration.
However, any such alteration shall be permitted only once.
Once the Competition commences, the team composition
cannot be altered under any circumstances whatsoever.
Inability of any team member to participate in accordance
with the rules of this Competition shall lead to immediate
disqualification of the team from the Competition.
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ROUNDS
To determine the order of participation in the preliminary
rounds, a draw of lots will be held on 23 October 2025,
followed by memorial exchanges and team orientation. Each
team will argue twice in the preliminary rounds: once for
the petitioner and once for the respondent. Scores will
combine memorial and oral scores.
The top four teams from the preliminary rounds will
advance to the Semi-finals, where winners will be
determined based on the combined scores of oral and
memorial performances. The winners of the Semi-finals will
proceed to the Final Rounds, which are decided by oral
scores. In case of a tie, the best speaker's oral score will
break the tie, followed by the memorial score if needed.
Scouting is strictly prohibited and scouting by any team shall
entail instant disqualification.
REGISTRATION
Teams interested in participating must confirm by emailing
a scanned copy of Annexure-A (Registration Form) and a
screenshot of the payment receipt to bsolmcc@bgu.ac.in by
05 October 2025. This will result in provisional registration.
The non-refundable registration fee is Rs. 2000/-, payable
via QR code and Account Transfer at the end of this
document. If accommodation is needed, the total fee is Rs.
4000/-. Annexure-A is attached to this brochure. Upon
receiving the documents, a team code will be issued via
email by 10 October 2025, which must be used in all future
correspondence.
Teams must also submit a soft copy of Annexure-B (Travel
Details) to bsolmcc@bgu.ac.in by 18 October 2025.
Annexure-B is also attached to this brochure.
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RULES FOR THE COMPETITION
MEMORIALS:
All memorials submitted for the purposes of the Competition
shall strictly adhere to the rules as stated below.
Teams have to prepare memorials for both the sides, i.e.
Petitioner(s) and Respondent(s).
The registered teams shall submit the pdf copy of their
memorial for both sides by e-mail to bsolmcc@bgu.ac.inby
23:59 hours of 18 October 2025 and shall submit 6 spiral
bound printed copies (for each side) of such memorials by
13:00 hours on 23 October 2025 at the registration desk in
an envelope with team code written on its top.
While sending the memorials by e-mail in pdf format, please
name the file pertaining to the memorial for the respondent
as R accompanied by the team code and the file pertaining to
the memorial for the petitioner as P accompanied by the
team code. For example, for a team assigned a code of 100,
the pdf file for the respondent should be named as 'R100'
and the pdf file for the petitioner should be named as 'P100'.
The cover page of the memorials sent, for both the soft and
printed copies, shall clearly mention the word “P” for
memorials on behalf of the Petitioner, and the word “R” for
memorials on behalf of the Respondent, followed by the
team code for both the instances, such being clearly
inscribed on the top right-hand corner of the cover page of
the memorial for the Petitioners and Respondents. For
example, if a team had been assigned a code of 100, the
memorials sent by such team shall have “P100” and “R100”
clearly marked on the top right-hand corner of the cover
page of the respective memorials.
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The teams should not disclose the identity of their institution
anywhere on the memorial. Violation of this rule will result
in immediate disqualification.
The memorials have to be submitted on A4 size paper and
must contain the following sections in the Order as stated
below-
Cover Page;
Table of Contents;
List of Abbreviations;
Index of Authorities;
Statement of Jurisdiction;
Statement of Facts;
Statement of Issues;
Summary of Arguments;
Arguments Advanced;
Prayer.
Non-compliance with above criteria shall result in penalty of
two marks per missing section.
The memorials must be printed in Times New Roman font
with 12 font size and with 1.5 line spacing. The footnotes
must be in Times New Roman font with 10 font size and with
1.0 line spacing. The memorials should have a margin
measuring one inch on all sides of each page.
The 'Arguments Advanced' section should not exceed 25
pages.
The memorials as a whole should not exceed 40 pages
including the cover page.
The numbering should be on the bottom-center of each page.
The cover page of the petitioner's memorial shall be printed
on Blue colour A4 size paper, and the cover page of the
respondent's memorial shall be printed on Red colour A4
size paper.
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The teams have to use a uniform mode of citation
throughout the memorial.
There shall be no speaking footnotes in the memorial.
The maximum scores for the memorials shall be 100 marks.
The memorials shall be evaluated on the following criteria:
Knowledge of Law and Facts: 30 Marks
Proper and Articulate Analysis: 30 Marks
Extent and Use of Research: 20 Marks
Clarity and Organization : 10 Marks
Grammar and Style : 10 Marks
RESEARCHER’S TEST
The test will be held in the evening of October 23rd.
The best researcher award shall be presented to the
researcher scoring the highest marks in the test.
ORAL ROUNDS
Each team will get a total of 30 minutes during the
preliminary round to present their case. For the Semi-final
and Final rounds, each team will be permitted a total time of
60 minutes. The time stated above includes the time
required for rebuttal and sur-rebuttal.
Any team exceeding the time limit stated above shall be
penalized with a deduction of one mark for every two
minutes exceeded.
The division of time per speaker is left to the discretion of
the team subject to a minimum of 10 minutes per speaker.
The oral arguments should be confined to the issues
presented in the memorial.
The researcher must be present with the speakers during
the oral rounds.
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Passing of notes to the speaker by the researcher is allowed,
upon discretionary rejection by the Judges.
Maximum scores for the oral rounds shall be 100 points per
speaker, and which shall be judged on the following criteria:
Knowledge of Law: 20 Points
Application of Law to Facts: 20 Points
Ingenuity and Ability to Answer: 20 Points
Style, Poise, Courtesy and Demeanor: 20 Points
Time Management and Organization: 20 Points
AWARDS
Winning Team Award – The winning team will receive a
trophy and a prize worth Rs. 20,000/- (Rupees Twenty
Thousand Only).
Runner’s Up – The runners up team will receive a trophy
and a prize worth Rs.15,000/- (Rupees Fifteen Thousand
Only).
Best Memorial -The team submitting the best Memorial will
receive a trophy and a prize worth Rs.10,000/- (Rupees Ten
Thousand Only).
Best Researcher – The Best Student Researcher will receive
a trophy and a prize worth Rs.5,000/- (Rupees Five Thousand
Only).
Best Speaker - The Best Student Speaker will receive a
trophy and a prize worth Rs.5,000/- (Rupees Five Thousand
Only).
FINALITY OF DECISIONS
The decision of the judges with regard to the outcome of the
rounds shall be final. For all purposes and in any dispute,
the decision of the Chairman of the Organizing Committee of
the Competition shall be final and binding.
ACCOMODATION
All the participating teams shall arrange their own
transportation to the reach the organizing college. The teams
shall arrange their own transportation from the
Airport/Railway Station/Bus Terminal to reach the college
and to leave it after completion of competition or as the case
may be. The transportation to and fro from the place of
accommodation to the venue of the competition shall be
taken care by the Organisers.
Teams not availing the accommodation provided by the
organizing college shall take care of their own
transportation. Teams shall be provided with
accommodation by the University from the afternoon of 23
October 2025 till the morning of 26 October 2025.
Teams participating from Cuttack and Bhubaneswar, Odisha
shall not be provided with accommodation.
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DRESS CODE:
Participants shall be appropriately attired throughout the
conduct of the Competition (Inaugural Ceremony, Oral
Rounds, Valedictory Ceremony and Prize Distribution) in the
manner provided below:
For Men- Western Formals (White formal shirt with
black formal trousers, black tie and a black blazer); and
For Women- Western Formals (White formal shirt with
black formal trousers/skirt and a black blazer) or Indian
Formals (White kurta, black salwar and black dupatta
along with the black blazer).
Robes and collar bands are not permitted.
CLARIFICATION:
Any query pertaining to the Moot Problem should be sent to
bsolmcc@bgu.ac.in by 12 October 2025. Questions
submitted / clarification sought through any other means
other than by e-mail shall not be entertained. A consolidated
response for all questions and clarifications shall be mailed
to all the participating teams on 15 October 2025.
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PAYMENT INFO
The payment of registration fees shall be made through the
link provided. The registration fees is 2000/- per team. If
accommodation is needed then the fees is 4000/- per team.
In case of any withdrawal after making the payment of the
registration fee, the same shall not be refunded.
PAYMENT MEDIUM:
1. UPI: Vyapar.171701106594@hdfcbank
2. ACCOUNT TRANSFER:
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MOOT PROBLEM
IN THE HIGH COURT OF ODISHA (CRIMINAL APPELLATE JURISDICTION)
Versus
1. On the intervening night of 17–18 March 2025, the Border Intelligence Unit, Kolkata, received
a tip from a confidential informant that a person is smuggling a consignment of heroin from
Bangladesh, has already entered West Bengal, and would be entering Odisha through the
Jaleswar Checkpoint, Balasore District.
2. The informant provided a specific description: the individual was a lanky man, riding a blue
motorcycle.
3. This information was immediately relayed to the Odisha Police Narcotics Cell. Acting on this
intelligence, Sub-Inspector Dev Kumar of Jaleswar Police Station constituted a raiding party at
1:30 AM. The team comprised Hawaldars Azhar Qureshi, Nakul Singh, and Gaurav Mishra.
4. They set up a trap on the NH-16 Highway, approximately 500 meters from the Odisha–West
Bengal border.
5. At approximately 2:15 AM, the police team observed a man on a blue motorcycle matching the
informant's description. The rider, upon spotting the police party, slowed down abruptly and
appeared to be looking for a way to turn back.
6. Finding his behavior suspicious and consistent with the intelligence received, SI Dev Kumar
signaled him to stop. The rider attempted to flee, but after a brief chase of about 200 meters, he
was successfully apprehended.
7. Upon being questioned, the man disclosed his identity as Anish Kumar, aged 30 years, resident
of Malda, West Bengal.
8. SI Dev Kumar informed him of the suspicion of carrying contraband and apprised him of his
right under Section 50 of the NDPS Act to be searched in the presence of a Gazetted Officer or
a Magistrate. Anish Kumar allegedly waived this right, stating “I have nothing to hide. Check
whatever you want to”.
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9. A thorough body search of Anish Kumar initially yielded nothing incriminating. However,
from the inner pocket of his trouser, the police recovered a cotton pouch containing ₹40,000
in cash (20 notes of ₹2,000 each).
10. While securing the motorcycle, Hawaldar Azhar Qureshi, who had casually sat on the seat, felt
a hard, unnatural bulge beneath the cushion. Suspecting something hidden, SI Dev Kumar, in
the presence of the team, used a knife to tear open the motorcycle seat. They discovered five
black polythene packets hidden inside the hollow space.
11. Upon opening the packets, the officers found each to contain a brown powdery substance.
Based on their training and field experience, SI Dev Kumar and his team believed the
substance to be heroin (brown sugar). The total weight of the substance was 305 grams.
12. Since it was night and the highway was deserted, no independent public witnesses were
available despite the police party waiting for sometime. Consequently, Hawaldar Nakul Singh
and Hawaldar Gaurav Mishra, both members of the police party, were made witnesses to the
seizure memo.
13. The contraband was sealed on the spot using a cloth and wax and marked with the official seal
of the Jaleswar Police Station.
14. The accused and the seized substance were brought back to Jaleswar Police Station. SI Dev
Kumar registered Case No. 55/2025 under Section 21(c) of the NDPS Act, formally recording
the seizure and arrest. He also documented the chain of custody, noting that the sealed packets
were placed in the Malkhana (storage room) under his lock and key.
15. On 19 March 2025, Anish Kumar was produced before the jurisdictional Magistrate. During
his statement recorded under Section 183 of the Bharatiya Nagarik Suraksha Sanhita (BNSS),
he allegedly confessed that he had smuggled the heroin from Bangladesh and intended to sell it
to local contacts in Odisha.
16. Before the contraband could be sent to Forensic Science Laboratory (FSL), Bhubaneswar, for
chemical examination, a major fire broke out in the Malkhana building on 20 March 2025. The
fire destroyed several seized items, including those seized from Anish Kumar. As a result, no
FSL report could ever be produced.
17. SI Dev Kumar, who was the seizing officer, also assumed charge as the investigating officer in
this case. He recorded witness statements and presented the charge sheet against Anish Kumar.
18. At trial before the Special Court (NDPS), Balasore, Anish Kumar retracted his earlier
confession, claiming that it was obtained under threat and coercion from the police. He pleaded
not guilty, asserting that he was falsely implicated and that no contraband was recovered from
him.
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19. The prosecution, relying on the testimonies of the seizure witnesses, the confession before the
Magistrate, and the presumptions under Sections 35 and 54 of the NDPS Act, argued that the
guilt of the accused was proved beyond reasonable doubt despite the absence of the FSL
report.
20. The trial court held that the seizure was proved by the consistent testimonies of the police
officers, the confession was voluntary and was a valid piece of evidence, and the absence
of the FSL report was not fatal to the prosecution case. Accordingly, by judgment dated 18
August 2025, the Special Court convicted Anish Kumar under Section 21(c), NDPS Act
(commercial quantity of heroin) and sentenced him to 12 years rigorous imprisonment with
a fine of ₹1,50,000, with a default sentence of 1 year.
21. Aggrieved, Anish Kumar has filed a criminal appeal before the High Court of Odisha,
challenging the conviction and the sentence.
22. The search and seizure were conducted unlawfully without following the mandatory
procedure under Section 50 of the NDPS Act.
23. The prosecution failed to prove that the recovered substance was a narcotic drug or
psychotropic substance.
24. The conviction rests on an alleged confession made before a Magistrate, which the
appellant later retracted.
25. The investigation casts serious doubt on the impartiality and credibility of the entire case
presented by the prosecution.
26. The appellant was clearly informed of his rights under Section 50 of the NDPS Act, and he
voluntarily and unequivocally waived them.
27. The nature of the seizure of the contraband is sufficiently established by the confession.
28. The confession made before the Magistrate under Section 183 of the BNSS was voluntary
and recorded under judicial supervision, free from police coercion.
29. The presumptions under Sections 35 and 54 of the NDPS Act operate against the accused
once possession is proved.
30. The absence of the FSL report does not absolve the appellant of his culpability when there
is a mountain of other evidence against him.
31. The case is now listed to be argued on merits.
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ANNEXURE -I
My name is Anish Kumar, Son of Shri Bipul Kumar, Resident of Malda, West Bengal. I was
contacted near the Bangladesh border by a man, whose name I don’t know, who offered me
70 thousand rupees to carry heroin into India. I agreed because I needed money. I was given a
blue motorcycle. The heroin was hidden in the seat of that motorcycle. I was instructed to take
it into Odisha, where someone else would collect it from me. Who would collect and where it
would be collected was supposed to be told later.
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ANNEXURE II
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PP: What happened after that?
W: While checking the motorcycle, I casually sat on the seat and felt something hard
inside it. It seemed unusual, so SI Dev Kumar cut open the seat with my knife. Inside, we
found five black polythene packets. Each packet contained a brown powder-like
substance.
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DC: You did not personally recover or count the cash or cut open the seat or take out the
packets, did you?
W: No, SI Dev Kumar recovered the cash and cut open the seat. The packets were taken
out in my presence.
DC: You only signed what your superior officer prepared?
W: I signed after seeing the seizure and sealing process.
DC: I put it to you that you merely signed on papers prepared by your superior and cannot
independently vouch for the recovery
W: That is not true. I personally witnessed the recovery and sealing.
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ANNEXURE III - DEFENSE WITNESS EXAMINATION
Defence Witness 1: Anish Kumar (Accused)
Examination-in-Chief (Defence Counsel)
DC: Please state your name and occupation.
W: My name is Anish Kumar. I am a resident of Malda, West Bengal. I work occasionally as a
labourer and mechanic’s assistant.
DC: Were you carrying narcotics on the night of 17 March 2025?
W: No. I was travelling on a motorcycle, and the police stopped me without any reason. They
stopped at me, robbed my money and damaged my motorcycle.
DC: Did you see the recovery?
W: What recovery? I saw the police cutting open the seat of the motorcycle. I saw nothing else.
DC: Did you voluntarily confess before the Magistrate?
W: No. I was threatened and coerced by the police into saying those things.
DC: Do you admit that you were involved in smuggling?
W: No. I am innocent. I have been falsely implicated.
Cross-Examination (Public Prosecutor)
PP: You say you are innocent, but in your statement before the Magistrate you admitted that you
were offered ₹70,000 to carry heroin from Bangladesh. Did you not say this?
W: I said those things because the police forced me to. I had cash on me that I saved for my
sister’s marriage and they took it.
PP: You also affixed your thumb impression before the Magistrate, correct?
W: Yes, but I was under pressure.
PP: I put it to you that your confession was voluntary and truthful, and you are retracting it only
to escape punishment. The cash was part payment before the final delivery.
W: That is not true. You all are framing a poor person.
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PP: How close did you get to the scene?
Witness: A bit. Maybe 50 meters or 70 meters. Any further and the police would have spotted
me and I didn’t want any trouble.
PP: So you did not clearly see the recovery?
Witness: I cannot say for certain what was recovered or from where.
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ANNEXURE IV
SEIZURE MEMO
Police Station: Jaleswar Police Station
Case No.: 55/2025
Date: 18.03.2025
Time: 02:34 A.M.
Place: Highway 16, entry point to Odisha
During naka-bandi, accused Anish Kumar was intercepted on a blue motorcycle, number
plate missing. Upon personal search, from the inner pocket of his trousers, a cotton
pouch containing twenty banknotes of ₹2,000 denomination (₹40,000 total) was
recovered. On further checking of the motorcycle, five black polythene packets
containing a brown powdery substance were recovered from inside the seat. Total
weight of the substance: 305 grams. Both the packets and the recovered cash were
sealed on the spot and taken into custody.
Witnesses:
Seizing Officer :
Accused’s Statement at the spot: “I have nothing to do with these packets. I do not know
how they came inside the motorcycle.”
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TIMELINE FOR THE COMPETITION
DATE
S.no PARTICULARS
& TIME
Last Date of Provisional Registration (via e-mail) along with a 05 October, 2025
2
scanned copy of Annexure- A & Payment Receipt
23 October 2025
8 Draw of Lots followed by exchange of memorial 3:00 PM
24 October
10 Inaugural Ceremony 2025 10:00AM
24 October, 2025
11 Preliminary Round 10:30AM–5:30 PM
25 October 2025
13 Semi Final Rounds 10:00 AM – 12 Noon
25 October 2025
14 Final Rounds 2:00 PM Onwards
25 October 2025
15 Result Declaration and Trophy Distribution 4:00 PM Onwards
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ANNEXURE A (Registration Form)
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ANNEXURE B (Travel Details Form)
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ORGANISING COMMITTEE
PATRONS
CHAIRMAN
FACULTY CONVENORS
CONTACT INFORMATION