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SCHOOL OF LAW
Internship Program

Submitted as per the requirement of the course curriculum of

“Internship” in School of Law for internship at
From 01.06.2022 to 30.06.2022

Submitted by: Submitted to:

ABHINAV DWIVEDI Internship and Placement Committee
L19BLB111 Daksha Sharma
BBA-LLB (B) 2019-24 Convener
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TABLE OF CONTENT
Contents
Acknowledgement...........................................................................................................................
Declaration of Originality................................................................................................................
Abstract............................................................................................................................................
Objectives of Internship...................................................................................................................
Nature of Work................................................................................................................................
Tasks Assigned................................................................................................................................
Tasks Accomplished........................................................................................................................
Overall Learning Outcome............................................................................................................
Conclusion.....................................................................................................................................
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Acknowledgement
Doing internship under this organisation was my life’s best experience. I would like to thank
Madanjeet sir who helped me a lot doing internship and gave me those work which helped
me in gaining experience of litigation. I would like to thank my seniors and peers who helped
me at every step when I found myself in confused state or in a crossroad where I was
confused to which path, I should choose. They helped me in many ways when I felt difficulty
in handling cases.

I would like to thank my parents who helped me in obtaining this internship though which I
gained immense knowledge and work experience here.

At last, I would like to thank all of them who supported me during this internship.
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Declaration of originality

I, ABHINAV DWIVEDI, with Enrolment No: L19BLB111, Student of BBA-LLB(B) -2019-

24 at School of Law, Bennett University, do hereby declare that the material presented in the
internship report represents original work carried out by me during my internship at PATNA
HIGH COURT from 01.06.2022 to 30.06.2022.

With my signature I certify that: -

 I have not manipulated any of the data or results.

 I have not committed any plagiarism of intellectual property.
 I have clearly indicated and referenced the contributions of others.
 I have explicitly acknowledged all collaborative research and discussions.
 I have understood that any false claim will result in severe disciplinary action.
 I have understood that the work may be screened for any form of academic
misconduct.

Date: 01.07.2022 Student

Signature
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Details of recruiter

Name of Recruiter Mr. Madanjeet Kumar

(Firm/Company/Chamber/Others)

Address of the Recruiter East of MIG- 136, Hanuman Nagar,

Kankarbagh, Patna, Bihar- 800020

Name of Concerned Supervisor Mr. Madanjeet kumar

Designation of Concerned Supervisor Advocate

Contact Details of Concerned Supervisor Mob. No.- 9430055400

(Email & Contact Number) Email id.- madanjeetkumar1@gmail.com
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Abstract
This internship has given me immense knowledge and I am happy that I became mentee of
such a good man. During the whole internship period, I was asked to go through the petitions
filed and learn from them. Basically, the kind of petition from which I went through were the
bail matters involving excise also. I have gained so much knowledge during this internship
which I think will be useful in future. The cases has been mentioned in detail along with the
charges but the name has been kept hidden due to the matter of confidentiality.
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Objective of internship

 The main objective of internship was to gain knowledge and to look how a petition is

drafted.

 The main objective of internship was to gain knowledge and to look how a petition is

drafted.

 To build the skills and information I will need in order to pursue a career as a lawyer.

 Give us the opportunity to examine how the formal knowledge we acquired in school

of law may be applied in real world situations so that we can better grasp the practical

application of legal concept.

 I try to read as much I can because the legal profession necessitates thorough reading

of many different sections, rulings, amendments, etc.

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Nature of work

This Internship was an offline Internship the main work was to go through the petitions of
bail matter involving excise matter with the case laws etc.
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Task assigned

In this Internship the Advocate has assigned majorly the task of reading the cases.
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Task accomplished

Case no. 1

This is a bail petition filed for bail of an accused facing charges under NDPS Act, 1985 in
High court.

Charges pressed- under section 8(c), read with 21(c), 22(c), 29 of NDPS Act, 1985

Confession recorded under section 67 of NDPS Act, 1985

The sections has been given in detail-

section 8(c)- produce, manufacture, possess, sell, purchase, transport, warehouse, use,
consume, import inter-State, export inter-State, import into India, export from India or
transship any narcotic drug or psychotropic substance, except for medical or scientific
purposes and in the manner and to the extent provided by the provisions of this Act or the
rules or orders made thereunder and in a case where any such provision, imposes any
requirement by way of license, permit or authorization also in accordance with the terms
and conditions of such license, permit or authorization: Provided that, and subject to the
other provisions of this Act and the rules made thereunder, the prohibition against the
cultivation of the cannabis plant for the production of ganja or the production, possession,
use, consumption, purchase, sale, transport, warehousing, import inter-State and export
inter-State of ganja for any purpose other than medical and scientific purpose shall take
effect only from the date which the Central Government may, by notification in the
Official Gazette, specify in this behalf: 1[Provided further that nothing in this section
shall apply to the export of poppy straw for decorative purposes.]

section 21(c)- where the contravention involves commercial quantity, with rigorous
imprisonment for a term which shall not be less than ten years but which may extend to
twenty years and shall also be liable to fine which shall not be less than one lakh rupees
but which may extend to two lakh rupees: Provided that the court may, for reasons to be
recorded in the judgment, impose a fine exceeding two lakh rupees.]
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section 22 (c)- where the contravention involves commercial quantity, with rigorous
imprisonment for a term which shall not be less than ten years but which may extend to
twenty years and shall also be liable to fine which shall not be less than one lakh rupees
but which may extend to two lakh rupees: Provided that the court may, for reasons to be
recorded in the judgment, impose a fine exceeding two lakh rupees.]

Section 29- Punishment for abetment and criminal conspiracy.—

(1) Whoever abets, or is a party to a criminal conspiracy to commit an offence punishable
under this Chapter, shall, whether such offence be or be not committed in consequence of
such abetment or in pursuance of such criminal conspiracy, and notwithstanding anything
contained in section 116 of the Indian Penal Code (45 of 1860), be punishable with the
punishment provided for the offence.

(2) A person abets, or is a party to a criminal conspiracy to commit, an offence, within the
meaning of this section, who, in India abets or is a party to the criminal conspiracy to the
commission of any act in a place without and beyond India which—

(a) would constitute an offence if committed within India; or

(b) under the laws of such place, is an offence relating to narcotic drugs or psychotropic
substances having all the legal conditions required to constitute it such an offence the
same as or analogous to the legal conditions required to constitute it an offence
punishable under this Chapter, if committed within India.

Section 67- Power to call for information, etc.- Any officer referred to in section 42 who
is authorized in this behalf by the Central Government or a State Government may,
during the course of any enquiry in connection with the contravention of any provisions
of this Act,
(a) call for information from any person for the purpose of satisfying himself whether
there has been any contravention of the provisions of this Act or any rule or order made
thereunder;

(b) require any person to produce or deliver any document or thing useful or relevant to
the enquiry;

(c) examine any person acquainted with the facts and circumstances of the case.
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Facts according to prosecution- according to the prosecution NCB, Patna has arrested the
accused on the basis of an information that the accused was in possession of morphine
and alprazolam and was moving it to another person. After getting the information about
such movement, the team went to the spot and started surveillance of the area. After some
time, some movement happened and one vehicle stopped at the spot. And one person
stepped out of the vehicle. When he was arrested, he identifies himself as the accused and
he was arrested with the co-accused who was going to receive the substance and NCB
team has found and seized some amount of suspicious substances mention below with the
amount in grams-

1. Morphine- 250 gms

2. Alprazolam- 300 gms
3. Stone- 500gms

The team has seized the suspicious substances kept in 3 packets and arrested the accused
and co- accused.

Points mentioned in petition-

1. The petitioner argues that the accused has been falsely implicated in the case and
there is no case on the accused.
2. That the accused is from different state. He was going to meet his relative who
lives in such area where the NCB team conducted their operation.
3. That the NCB team has implicated the accused to extort money from him and
there is no any case against the accused and they took him under suspicion.
4. It cannot be believed that the accused himself presented to the NCB team after
they caught him and disclosed the amount of the suspicious substances he was
carrying.
5. The confession made by the accused is of no legal value as the prosecution team
have not discovered anything on the basis of the confession made by the accused.
6. One of the substance, alprazolam, although the serious substance, can be used for
medical purposes.

Case no 2.

The case is an bail application filed in high court for the bail of the accused facing
charges of Bihar prohibition and excise (amendment) act, 2018.
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Charges pressed- section 30(a) of the Bihar Prohibition and Excise (Amendment) Act,
2018

The abovementioned section has been given in detail below-

Section 30- Penalty for unlawful manufacture, import, export, transport, possession, sale,
purchase, distribution, etc. of any intoxicant or liquor- Whoever, in contravention of any
provision of this Act or of any rule, regulation, order made, notification issued thereunder, or
without a valid license, permit or pass issued under this Act, or in breach of any condition of
any license, permit or pass renewed or authorisation granted thereunder –
(a) Manufactures, possesses, buys, sells, distributes, collects, stores, bottles,
imports, exports, transports, removes or cultivates any intoxicant, liquor, hemp;
or
(b) Constructs or establishes or works in any manufactory, distillery, brewery or
warehouse; or
(c) Manufactures, uses, keeps or has in his possession any material, utensil,
implement or apparatus, or uses any premises, whatsoever, for the purpose of
manufacturing any intoxicant or liquor; or
(d) Manufactures any material or film either with or without the State Government
logo or logo of any State or wrapper or any other thing in which liquor or
intoxicant can be packed or any apparatus or implement or machine, for the
purpose of packing any liquor or intoxicant; or
(e) Removes any liquor or intoxicant from any distillery, brewery, warehouse,
other place of storage licensed, established, authorized or continued under this
Act; or
(f) Manufactures, possesses, sells, distributes, bottles, imports, exports,
transports or removes, any preparation made with or without the use of any
intoxicant or liquor, which can serve as an alcohol or a substitute for alcohol
and is used or likely to be used or consumed for the purposes of getting
intoxicated;
shall be punishable with imprisonment for the term which may extend to life and with fine
which may extend to ten lakh rupees.
Provided that the punishment:
(a) For the first offence shall not be less than five years imprisonment and fine of
not less than one lakh rupees, and
(b) For the second and subsequent offences shall not be less than ten years rigorous
imprisonment and fine of not less than five lakh rupees.]
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Facts according to the prosecution- according to the prosecution, informant, who is also a
police officer, was on patrolling duty when he got the tip that some one is coming with a
bag carrying some wine for purpose of selling it. On the basis of the information, the
officer with his team reached there and found there a man who was standing there
carrying a bag. After seeing police, he throwed the said bag and ran away. The police
searched the bag and found 8.960 liters of English wine. The police prepared the seizer
list and on the basis of the name given by the local person, the police arrested the man.

Points mentioned in the petition-

1. That the petitioner has no any criminal antecedents.

2. That the petitioner has been falsely implicated. The reason behind such
implication is the village politics.
3. The allegation against the petitioner mentioned in the FIR is that he ran away
throwing the bag which carried the wine at the place of occurrence.
4. That no suspicious substance was recovered from the possession of the petitioner
5. The petitioner’s identification is suspicious as it has not been disclosed who had
taken the name of the petitioner. Someone might have takenthe name of the
petitioner in confusion.

Case no. 3

This is an anticipatory bail application which was filed on behalf of the accused to get
bail under section 395 of IPC.

Charges pressed- section 395 of IPC. The section has been described in detail.

Section 395- Punishment for dacoity - Whoever commits dacoity shall be punished with
1[imprisonment for life], or with rigorous imprisonment for a term which may extend to
ten years, and shall also be liable to fine.

Facts according to the prosecution- according to prosecution, the accused and his
companions has robed the victim and informant who was going to the market at 2:35 am
in the morning. Those accused came from behind by the bike and snatched mobile, Rs.
1100 cash and the tempo on which the goods related to the victim was loaded. On the
basis of written statement given by the victim-cum- informant, the FIR was filed and the
accused were arrested.
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Point given for bail-

There are certain points given for the bail petition-

1. That the accused has no any criminal antecedents

2. That the accused has been falsely implicated
3. That the accused was not arrested from the place of occurrence but from some
other place.
4. That the petitioner was not named in FIR earlier. His name was inserted in the FIR
on the basis of the confessional statement given by the co-accused. The co-
accused has some dispute with the petitioner and has maliciously inserted his
name in the FIR.
5. The petitioner is the poor person
6. After getting the confessional statement from the co-accused, no evidence has
been adduced by the police on the basis of the statement and no evidence was
procured against the petitioner from the investigation.
7. The vehicle which was used for commission of the offence was registered under
the name of the co-accused.

Case no. 4

This is petition is filed on behalf of the petitioner under section 302 read with
section 34 of the IPC
The charges have been described in detail below-
Section 302- Punishment for murder- Whoever commits murder shall be punished
with death, or 1[imprisonment for life], and shall also be liable to fine.
Section 34- Acts done by several persons in furtherance of common intention—
When a criminal act is done by several persons in furtherance of the common
intention of all, each of such persons is liable for that act in the same manner as if
it were done by him alone.

Prosecution story- according to the prosecution, informant along with his father
and mother were returning from some place on foot. After some time, the accused
along with his accomplish came on a bike and pulled down his father on ground
and fired 3 shots on him which hit him on shoulder, chest and on stomach and his
mother became unconscious by seeing the act. The local person along with
informant rushed the victim to the Sadar hospital where he was declared dead. The
FIR was registered on the basis of the written statement given by the informant.
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Points presented in petition-

1. That the accused is being falsely implicated
2. That the petitioner’s name was not earlier in the FIR but was inserted in the
same by the confession given by the co-accused.
3. There is no any specific allegation against the petitioner
4. No test identification parade was conducted by the police.
5. The petitioner was not present at the place of occurrence
6. The police have already submitted the chargesheet and there is no chance of
absconding and tampering the evidence of the case.
7. His name was inserted in the case maliciously because of previous altercation
with the co-accused.

Overall outcome

This internship has provided me lot of knowledge and experience which I think will be
beneficial for me in near future where I will be exposed to the legal world. I have learnt
that how a petition is drafted and filed and what points are to be mentioned while filing a
petition. I got the knowledge of what should be
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Conclusion

In conclusion, I would like to say that I have gained knowledge of those things which I was
not knowing. This internship has improved my research skill and knowledge about certain
topic like the petition drafting, etc. I am grateful to the advocate who had provided me the
opportunity to work with them as an intern.
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