MOOT PROBLEM – 02

Mr. Aegon Targaryen, a citizen of India and a resident of Mumbai is a renowned professional
shooter. He represented India in Hunger Games 2012 and won several gold medals for the
country. He was scheduled to return to India by way of Indian Airlines V22 on 10th May
2015. Being a professional shooter, Mr. Targaryen had an arms license for possession of 500
live cartridges of all legal bores. He was also provided with ‘special permission’ from the
‘Ministry of Home Affairs’ that permitted him possession of 15,000 live cartridges (The
Arms License had no stipulation in relation to carrying of cartridges on flights in India).

The return leg of the flight was through Toronto-New Delhi–Mumbai, i.e. the (unfortunate)
passengers in Flight V22 were to spend about half-an- hour for a stop-over/ lay-over at Delhi,
and the same flight was to continue onwards to Mumbai. Mr. Targaryen had purchased 50
live cartridges at Toronto, intending to use the same for practice. He only purchased 50
cartridges, because he was well aware of the BCAS (Bureau of Civil Aviation Security of
India) Circular that mandated that a person had free allowance of cartridges not exceeding 50,
alcoholic liquor in excess of 2 litres, cigarettes exceeding 200 in number, etc. At Toronto
airport, Mr. Targaryen duly declared at the airline check-in counter that he was carrying with
him 50 live cartridges purchased at Toronto, and 2 bottles of the finest quality of Dornish Red
Wine that he could lay his hands on. Mr. Targaryen boarded the flight, had a hearty meal, and
fell asleep, hoping to wake up next when the flight would land in Mumbai.

Now, it so happened that the employees of Indian Airlines were a rather discontent bunch.
They were not paid their wages for over 6 months due to a simmering financial crunch, which
some would attribute to the debonair lifestyle of their CEO and Managing Director, Ms.
Cersei Lanister. Unbeknownst to the passengers of flight V22, the employees of Indian
Airlines were scheduling a flash strike at New Delhi Airport, which was to come into effect
at the time when V22 would land in Delhi for the lay-over/ stop-over en-route to Mumbai.
The employees decided that they would simply not allow a change of cabin crew, and that the
flight would therefore remain grounded in Delhi until their demands were met.

V22 landed in Delhi. As planned, it never took off thereafter. The passengers of V22, which
had landed in Delhi at 3.00 am, were made to wait on board the flight till 6.00 am. Moreover,
the harried bunch were never handed refreshments/ water, and were not even permitted to use
the in-flight lavatories (which would subsequently lead to several consumer cases being filed
by the passengers, but that’s another story). Some senior personnel of Indian Airlines, on the
instructions of Ms. Lanister, proceeded to herd the passengers of V22 off the flight, and
informed them that an alternate domestic flight had been arranged for their onward journey to
Mumbai. They would, however, have to disembark, go through immigration at Delhi Airport,
and check-in thereafter for the flight waiting for them.

Mr. Targaryen, already jet-lagged, was completely exhausted by the turn of events, and went
through the motions as directed by the employees of Indian Airlines. Just as he was about to
board his onward flight to Mumbai, he was arrested for having in his check-in baggage 50
live cartridges. He was bailed out the next day, and ninety days later a Charge sheet came to
be filed against him, wherein he was arraigned as an accused for committing an offence under
Section 30 of the Arms Act, 1959. In the charge-sheet (Police Report u/s 173 CrPC), the only
offence alleged against him was u/s 30 of the Arms Act.

Upon being summoned by the learned magistrate, Sir Davos pursuant to the Charge sheet,
Mr. Targaryen filed a Petition u/s 482 r/w Article 226 of the Constitution of India before the
High Court of Delhi seeking quashment of the Summons, of the Charge sheet and all
proceedings emanating therefrom on inter alia the following grounds:

a. No offence was made out u/s 30 of the Arms Act, as Mr. Targaryen had neither violated
any provisions of the Act, nor violated any provisions of his license; and

b. That such prosecution impinged upon his right to carry on his profession, i.e. his
fundamental right under Article 19(1)(g), in that he was being prosecuted for carrying
cartridges, which was permitted pursuant to his license.