INTERNSHIP REPORT

Report on Internship under Adv. Chetan K. Pandya, Gujarat High Court

submitted in partial fulfillment for the award of degree of LL. B - II

Academic Year: 2023-24

Submitted by: Jaykumar Navinchandra Vankar

PRN No.: 8022012517

Submitted to: Faculty of Law, The Maharaja Sayajirao University of Baroda

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 ACKNOWLEDGEMENT

I would like to express my sincere gratitude to Adv. Chetan K. Pandya for providing me with the
opportunity to undertake my internship under his esteemed guidance. His extensive expertise and
dedication to the legal profession have been instrumental in shaping my understanding of the
intricacies of the law.

Moreover, I am grateful for the exposure gained through working under Adv. Chetan K. Pandya's
supervision, notably in the High Court of Gujarat, the Hon'ble Court of Designated Special Court
under PMLA at Ahmedabad (Rural), Ahmedabad, and the Hon'ble Court of Additional Chief
Metropolitan Magistrate, Ahmedabad. These experiences have provided me with a comprehensive
understanding of courtroom procedures and legal strategies.

I extend my heartfelt thanks to Adv. Chetan K. Pandya for his unwavering support,
encouragement, and patience throughout my internship. His guidance has been invaluable in
enriching my learning experience and preparing me for the challenges of the legal profession.

I am also thankful to the entire team at Adv. Chetan K. Pandya's law firm for their assistance and
cooperation during my internship tenure.

I am confident that the skills and knowledge acquired during my internship will continue to shape
my future endeavors in the social sector.

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 TABLE OF CONTENTS

1. Certificate…………………………..……………………………………………..………3

2. Introduction to the organization………………………………..………….….................4

3. Objective of the organization…………………………….……...……..………………....5

4. Detailed daily activities…………………………………………………..….....…………6

5. Concerned Laws and Studies Undertaken …...…...……………….…………………13

 The Prevention of Money Laundering Act…………..13

 The Code of Criminal Procedure………………..……20
 The Prevention of Corruptions Act……………….…..25

6. Observation…………………………………………………………….………………..28

7. Conclusions………………………………………………………….………...…………30

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 INTRODUCTION

Adv. Chetan K. Pandya is a distinguished legal practitioner renowned for his expertise in
navigating the intricacies of the legal landscape, particularly in Gujarat, India. With a specialized
focus on cases pertaining to Prevention of Money Laundering (PML) and its associated
legislations, Adv. Pandya has established himself as a prominent figure in the legal fraternity.

Operating primarily within the esteemed corridors of the High Court of Gujarat and the Hon'ble
Court of Designated Special Court under PMLA at Ahmedabad (Rural), Ahmedabad, Adv.
Pandya's practice spans a wide spectrum of legal proceedings. His adept handling of cases
involving the Goods and Services Tax (GGST) Act, Central Goods and Services Tax (CGST) Act,
and the Criminal Procedure Code (CrPC) reflects his comprehensive understanding of diverse
legal frameworks.

In addition to his proficiency in financial jurisprudence, Adv. Pandya exhibits versatility by

occasionally undertaking divorce cases, showcasing his ability to navigate various facets of the
legal domain. This adaptability underscores his commitment to addressing a diverse range of legal
issues while upholding the principles of justice and fairness.

This report provides an indepth exploration of the internship experience under the tutelage of Adv.
Chetan K. Pandya, offering valuable insights into his legal expertise, courtroom strategies, and
mentorship approach. Through firsthand observations and practical engagement, interns gain a
comprehensive understanding of the nuances of legal practice and the complexities inherent in the
pursuit of justice under his guidance.

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 OBJECTIVES

1. Gain Practical Exposure: To acquire handson experience and practical insights into the legal
profession under the mentorship of Adv. Chetan K. Pandya, focusing on the intricacies of cases
related to Prevention of Money Laundering (PML) and associated legislations.

2. Understand Courtroom Dynamics: To observe and comprehend the dynamics of courtroom

proceedings in the High Court of Gujarat and the Hon'ble Court of Designated Special Court under
PMLA at Ahmedabad (Rural), Ahmedabad, gaining a deeper understanding of legal strategies and
advocacy techniques.

3. Develop Legal Research Skills: To enhance research capabilities by delving into case laws,
statutes, and legal precedents relevant to the specialized areas of practice of Adv. Pandya,
including the Goods and Services Tax (GGST) Act, Central Goods and Services Tax (CGST) Act,
and the Criminal Procedure Code (CrPC).

4. Learn Case Management: To assist in case preparation, documentation, and case management
under the guidance of Adv. Pandya, gaining proficiency in organizing legal materials, drafting
pleadings, and maintaining case files.

5. Explore Specialized Areas of Law: To explore the nuances of legal practice beyond financial
jurisprudence, including occasional involvement in divorce cases, thereby broadening
understanding and exposure to diverse legal fields.

6. Benefit from Mentorship: To benefit from the mentorship and guidance of Adv. Chetan K.
Pandya, learning from his wealth of experience, ethical approach, and professional demeanor in
navigating complex legal scenarios and advocating for clients' interests.

7. Contribute to Professional Development: To actively engage in discussions, seek feedback,

and reflect on experiences to foster personal and professional growth, with the aim of honing skills
and developing a deeper appreciation for the responsibilities and challenges of legal practice.

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 SCHEDULE

October 5, 2023
The internship journey commenced with a warm welcome and insightful introduction by the
mentor attorney, emphasizing the paramount importance of upholding ethical principles in the
legal profession, transcending mere pursuit of monetary gains.

A visit to the High Court marked the initiation into the complexities of courtroom dynamics.
However, challenges emerged with audibility issues during proceedings and navigational hurdles
within the court premises, hindering the intern's firsthand experience.

Despite these challenges, the intern had the opportunity to witness a thoughtprovoking case
discussion, shedding light on the nuanced interpretations of academic grading systems like CGPA
and SGPA within the legal context, thus setting the stage for a stimulating journey ahead.

October 6, 2023
Building upon the foundation laid on the previous day, the intern continued their immersion into
legal proceedings, shadowing the mentor attorney during court hearings.

A significant portion of the day was dedicated to studying specific sections within tax laws,
including The Central Goods and Services Tax Act and The Gujarat Goods and Services Tax Act,
fostering a practical understanding essential for future application. Furthermore, the intern engaged
in an intensive examination of a case file pertaining to the Prevention of Money Laundering Act,
meticulously referencing various legal provisions such as the Code of Criminal Procedure and the
Indian Penal Code to unravel its intricacies.

The day was filled with enriching experiences, equipping the intern with practical insights and
skills crucial for navigating the intricate landscape of legal practice.

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October 7, 2023
Delving deeper into a particular case file, the intern unraveled its complexities, gaining profound
insights into the practical application of legal principles.

This was complemented by an enriching visit to the Session's Court of Ahmedabad, where
firsthand observations of courtroom proceedings provided invaluable insights into legal processes
and dynamics. Additionally, the intern contributed to the organization of the office's legal
resources, recognizing the importance of an efficient and accessible repository for legal research
and reference, thus culminating another day of meaningful learning and growth in the legal
profession.

October 9, 2023:
Justice Mengdey

UVESH INDOREWALA S/O ABDUL RAJJAKBHAI INDOREWALA

Today, in the courtroom of Justice Mengdey, the case of Uvesh Indorewala, son of Abdul
Rajjakbhai Indorewala, unfolded. The proceedings revolved around allegations under the
Prevention of Money Laundering Act (PMLA), particularly scrutinizing Section 3 related to
money laundering offenses and Section 4 regarding the attachment of property involved in money
laundering activities.

October 10, 2023:

Justice Mengdey

Dilip Bhagvanbhai Patel vs State of Gujarat

Continuing with legal affairs related to the state, the courtroom witnessed the case of Dilip
Bhagvanbhai Patel versus the State of Gujarat. This case pertains to matters under the GST Act
(Goods and Services Tax Act), focusing on Section 122 regarding penalties for certain offenses

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under the Act and Section 129 concerning detention, seizure, and release of goods and conveyances
in transit.

October 11, 2023

Justice Mengdey

Mohammed Abbas Shabirrali Savjani vs State of Gujarat

Another day, another case concerning the State of Gujarat. This time, Mohammed Abbas
Shabirrali Savjani stands against the state, possibly under the purview of the GST Act. The
courtroom buzzed with discussions centered around taxation and legal compliance, with specific
reference to Section 122 of the GST Act related to penalties for noncompliance.

October 12, 2023

Justice Mengdey

Dilip Bhagvanbhai Patel vs State of Gujarat

Returning to the legal battle of Dilip Bhagvanbhai Patel versus the State of Gujarat, the courtroom
delved deeper into matters concerning taxation regulations, hinting at ongoing complexities within
the realm of the GST Act. Sections such as 122 and 129 were deliberated upon, focusing on
penalties and procedural aspects of taxation law.

October 13, 2023

Justice Trivedi

THAKORE ANILJI S/O DHANAJI SAKARAJI V/S STATE OF GUJARAT

A shift in the judicial landscape as Justice Trivedi presided over the case involving Thakore Anilji,
son of Dhanaji Sakaraji, against the State of Gujarat. The case seems to touch upon procedural

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aspects, possibly under the Criminal Procedure Code (CrPC), indicating legal proceedings related
to criminal matters. Sections such as 154 and 167 of the CrPC were referenced, concerning FIR
registration and remand of accused persons.

October 16, 2023

Justice Bhatt

HASMUKHBHAI GABHUBHAI PATEL V/S STATE OF GUJARAT

Under the vigilant eye of Justice Bhatt, the courtroom witnessed the case of Hasmukhbhai
Gabhubhai Patel against the State of Gujarat. Matters seemed to revolve around customs
regulations, signifying a legal battle in the realm of crossborder trade and regulations. Sections
such as 11 and 27 of the Customs Act were discussed, focusing on the assessment of duty and
penalties for contraventions.

October 17, 2023

Justice Hasmukh D Suthar

RAHIL HITESHBHAI CHOVATIA V/S STATE OF GUJARAT

Justice Hasmukh D Suthar took charge as the courtroom observed the case of Rahil Hiteshbhai
Chovatia versus the State of Gujarat. The case seemed to involve allegations under the GST Act,
showcasing the state's efforts to ensure tax compliance and enforcement. Specific sections such as
122 and 132 of the GST Act were examined, relating to penalties and offenses under the legislation.

October 18, 2023

Justice Mengdey

PRAVEEN KUMAR S/O SAKALA RAM Versus STATE OF GUJARAT

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Back in the domain of Justice Mengdey, the case of Praveen Kumar, son of Sakala Ram, against
the State of Gujarat unfolded. The legal discourse seemed to revolve around procedural matters,
possibly under the Criminal Procedure Code (CrPC), reflecting the intricacies of criminal
litigation. Sections such as 154 and 173 of the CrPC were referenced, concerning FIR registration
and the filing of charge sheets.

October 19, 2023

Justice Vaishnav & Bhatt

SHIVARTH GENERAL TRADING LLP Versus STATE OF GUJARAT

A collaborative effort as Justices Vaishnav and Bhatt presided over the case involving Shivarth
General Trading LLP against the State of Gujarat. The case hinted at disputes related to customs
regulations, suggesting a legal battle within the domain of international trade and commerce.
Sections such as 11 and 27 of the Customs Act were discussed, focusing on duty assessment and
contraventions.

October 20, 2023

Justice Mengdey

DEVANG HARISHBHAI NATHWANI Versus STATE OF GUJARAT

The legal saga continued under the jurisdiction of Justice Mengdey with the case of Devang
Harishbhai Nathwani against the State of Gujarat. The courtroom resonated with discussions on
the GST Act, highlighting the state's efforts to ensure tax compliance and regulatory adherence.
Specific sections such as 122 and 132 of the GST Act were examined, relating to penalties and
offenses under the legislation.

October 23, 2023

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Filed Petition in High Court

On this day, a petition was filed in the High Court, marking the initiation of legal proceedings that
would unfold in the days to come. The specifics of the petition remain undisclosed, shrouded in
anticipation as the wheels of justice begin to turn.

October 25, 2023

Justice Vaishnav & Bhatt

M.K. ENTERPRISES THROUGH ITS PROP. MUKESHBHAI VELABHAI BHARWAD V/S

STATE OF GUJARAT

Under the jurisdiction of Justices Vaishnav and Bhatt, the case of M.K. Enterprises, represented
by its proprietor Mukeshbhai Velabhai Bharwad, against the State of Gujarat was heard. The
proceedings likely revolved around matters pertaining to business regulations, possibly under the
purview of the GST Act or other relevant commercial legislation.

October 26, 2023

Justice Mengdey

ALIABBAS @ BAV MOHSINALI VIRANI VS STATE OF GUJARAT

In the courtroom of Justice Mengdey, the case of Aliabbas, also known as Bav Mohsinali Virani,
against the State of Gujarat unfolded. The nature of the case hints at legal disputes possibly related
to criminal proceedings or civil matters within the state jurisdiction.
October 27, 2023
Justice Vaishnav & Bhatt

VEER TRADING COMPANY V/S STATE OF GUJARAT

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Once again under the joint jurisdiction of Justices Vaishnav and Bhatt, the case involving Veer
Trading Company against the State of Gujarat was heard. The legal discourse likely revolved
around commercial transactions and regulatory compliance, reflecting the intricate dynamics of
business law within the state.

November 1, 2023
Justice Mengdey

DEVANG HARISHBHAI NATHWANI Versus STATE OF GUJARAT

Returning to the courtroom of Justice Mengdey, the case of Devang Harishbhai Nathwani against
the State of Gujarat was revisited. The legal proceedings continued, possibly under the purview of
the GST Act, as the state and the petitioner engaged in legal discourse concerning tax compliance
and regulatory matters.

November 2, 2023
Justice Mengdey

PRAVEEN KUMAR S/O SAKALA RAM Versus STATE OF GUJARAT

Continuing under the jurisdiction of Justice Mengdey, the case involving Praveen Kumar, son of
Sakala Ram, against the State of Gujarat unfolded. The legal discourse likely delved into
procedural matters, reflecting the complexities of criminal litigation or civil disputes within the
state.

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 Concerned Laws and Study Undertaken

1) Prevention of Money Laundering Act

What is money laundering?

Money laundering is defined as the process by which an illegal fund, perhaps, black money,
obtained from illegal activities is disguised as legal money, which is eventually portrayed to be
white money. This is done by passing the funds through several channels (the process is discussed
in brief below). The money, thus laundered, is passed on through various phases of conversions
and transfers to achieve a sort of deceptive legality and to eventually reach a legally acceptable
institution, say for instance, a bank.
Common forms of money laundering
The most common forms of money laundering are:

1. Hawala system,
2. Smuggling bulk amounts of money ,
3. Fictional loans,
4. Business involving cash-incentives,
5. Round-tripping,
6. Laundering Laundering that is trade centric,
7. Shell companies and trusts,
8. Real estate,
9. Fake invoicing,
10. Gambling, etc.

Impact of money laundering on development

 The impact of money laundering on the development of a nation is as stated below:

 Increase in crime and corruption rate
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  When economic offences like money laundering attain success, criminal activities gain
profit, thus causing an increase in crime and corruption rates. Moreover, the use of
illegitimate means to gain profit, like that of bribery also rises.
 Threat to reputation and international repercussions
 Weakened financial institutions
- Illegal activities like money laundering and terrorist financing possess the ability to harm
the peace and harmony of a country’s economic sector; further, they can also disrupt the
stability of individual financial institutions in several ways.
 Compromised economy and private sector
- It is common for money launderers to use ‘front companies’ to launder money. Front
companies can be defined as those companies that appear to be legitimate, thus engaging
in a legitimate business, but in actuality are controlled by criminal minds. Such companies
‘co-mingle’ with the illegitimate funds thus obtained with legitimate funds to conceal the
source from which the illegitimate money was obtained.

Objectives of the Prevention of Money Laundering Act, 2002

As the name suggests, the PML Act was enacted to intercept or obstruct the issue of money
laundering. Further, the motive was to seize any property bought or obtained by carrying out the
crime of money laundering and for matters related to such an act.
The Prevention of Money Laundering Act, 2002, was sanctioned with the aim of combating the
issue of money laundering. Some of its objectives are as follows:

1. To prevent and control the issue of money laundering.

2. To confiscate or take into custody any property that is likely derived from or has
involvement in cases of money laundering.
3. To penalize the offenders with the offence of money laundering.
4. For appointing the adjudicating authority and appellate tribunal for taking in charge of
matters related to money laundering.

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 5. To make it obligatory for banking companies, financial institutions and intermediaries
to preserve records or documents relating to financial transactions.
6. To manage any other issues related to money laundering.

Important terms to know under the Prevention of Money Laundering Act

 Attachment - The term ‘attachment’ under the PMLA is defined as the interdiction of
transfer, conversion, disposition, or movement of property, as stated under Chapter III of
the Act.

 Beneficial owner - The term ‘beneficial owner’ under Section 2(fa) of the PMLA means a
person who either possesses or has command over a client of a reporting entity or an
individual in place of whom a transaction is being directed, and includes an individual who
exercises optimum effective power over a juridical person.

 Chit fund company - Under Section 2 (h) of the PMLA, a ‘chit fund company’ is defined
as a company controlling, conducting or managing, as foreman, representative, or in any
other capacity, chits as defined in Section 2 of the Chit Funds Act, 1982.

 Client - Under Section 2 (ha), the term ‘client’ means an individual involved in an
economic transaction or activity with a reporting entity. This also includes any individual
on whose behalf the individual involved in the financial transaction or activity is acting.

 Payment system - Under Section 2(rb) of the PMLA, the term ‘payment system’ means a
system that authorises payment to be affected between a payer and a beneficiary, pertaining
to clearing, payment, or settlement services, or all of them.

There is a further explanation given to this term, which says that, for the purpose of this
clause, the term ‘payment system’ will include those systems that permit the following
operations, amongst others:

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 1. Credit card operations,
2. Debit card operations,
3. Smart card operations,
4. Money transfer operations,
5. Other similar operations,

 Payment system operator - Under Section 2(rc) of the PMLA, the term payment system
operator is defined as an individual who performs a payment system, and such an individual
will include his overseas principles.

There is a further explanation given under the term, which says that overseas principal
means-

1. In case of an individual, an individual residing outside India, who possesses, manages

or supervises directly or indirectly, the activities or functions of payment system in
India;
2. In case of an Hindu Undivided Family (HUF), a Karta residing outside India, who
possesses, manages or supervises directly or indirectly, the activities or functions of
payment system in India;
3. In case of a company, a firm, an association of persons, a body of individuals, an
artificial juridical person, whether incorporated or not, such company, firm, association
of persons, body of individuals, artificial juridical person incorporated or registered
outside India or existing as such and which possesses, manages or supervises directly
or indirectly, the activities or functions of payment system in India.

 Person - Under Section 2(s) if the PMLA, the term ‘person’ incorporates-
1. An individual,
2. A Hindu Undivided Family, that is commonly known as HUF,
3. A company,
4. A firm,
5. An association of individuals or a body of individuals, whether incorporated or not,

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 6. Every artificial juridical person not coming under any of the preceding sub-clauses, and
7. Any agency, office or branch owned or controlled by any of the above persons
mentioned in the preceding sub-clauses

 Proceeds of crime - Under Section 2(u) of the PMLA, the term ‘proceeds of crime’ is
defined as any property acquired or attained, directly or indirectly, by some individual by
performing any crime or wrongdoing pertaining to a scheduled offence, or the value of any
such property (or, where such property is taken or held outside the country, then the
property equivalent in value held within the country). Later, modifications were made to
the Section, and the term ‘or abroad’ was added to the definition of ‘proceeds of crime’.

Further, an explanation is added to avoid any sort of discrepancies, it states that ‘proceeds
of crime’ include property that is derived or obtained from the scheduled offence but also
includes any property that may directly or indirectly be acquired as a result of any criminal
activity having its relation to the scheduled offence.

 Property - Under Section 2(v) of the PMLA, the term ‘property’ means any property or
assets of every description, whether corporeal or incorporeal, movable or immovable,
tangible or intangible, and incorporates deeds and instruments evidencing title to, or
interest in, such property or assets.

Further, an explanation is given under the said Section, stating that, in order to remove all
doubts, it is stated that the term ‘property’ incorporates any type of property used in
committing a wrong under this Act or any of the scheduled offences.

 Reporting entity - Under Section 2(wa) of the PMLA, the term ‘reporting entity’ means a
banking company, any financial institution, an intermediary, or an individual conducting a
designated business or profession.

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  Value - Under Section 2(zb) of the PMLA, the term ‘value’ is defined as the market value
of a particular property on the date it was bought by an individual, or if the date cannot be
specified, the date on which such property is owned by the individual.

Important provisions under the Prevention of Money Laundering Act, 2002

Offence of money laundering (Section 3)

The definition of money laundering is exhaustive enough to cover most of the instances of
converting black money into white. The definition of money laundering is exhaustively covered
under Section 3 of the PMLA. It says, a person is guilty of the offence of money laundering if
he/she is found to have, directly or indirectly:

 An attempt to indulge, or
 Consciously assisted, or
 With full knowledge is a party, or
 Has an involvement in one or more of the below processes or activities associated with
proceeds of crime, namely:
 concealment, or
 possession, or
 acquisition, or
 use, or
 projecting as untainted property, or
 claiming as untainted property.

In other words, any individual who has a direct or indirect involvement, or if he knowingly assists
or is a part of the activity that is connected to such a crime, including its concealment, possession,
acquisition, or use, and projects or declares it as untainted property, will be held guilty of the
offence of money laundering.

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Punishment for money laundering (Section 4)

Under Section 4 of the PMLA, any individual who commits the crime of money laundering will
be accountable to receive a punishment that involves rigorous imprisonment up to 3 years, which
may extend to 7 years, and will also be culpable to pay a penalty.

A point must be noted that, in case if the crime in question is related to any offence specifically
mentioned under the Narcotic Drugs and Psychotropic Substances Act, 1985, the penalty may be
extended to a rigorous imprisonment of 10 years instead of 7 years.

Attachment, Adjudication & Confiscation of property involved in money laundering

(Section 5)

Section 2(v) of the PMLA defines the term ‘property’ as “any property or assets of every
description, whether corporeal or incorporeal, movable or immovable, tangible or intangible, and
includes deeds and instruments evidencing title to, or interest in, such property or assets, wherever
located”.

Further, Section 2(d) of the PMLA defines the term ‘attachment’ as “means prohibition of transfer,
conversion, disposition, or movement of property” by any direction given under the provisions of
the PML Act.”

A point must be noted that under Section 5 of the PMLA, the power of attachment has been
conceded to the director, the joint director, or any officer not below the rank of a deputy director.
The person in authority can attach property for up to 180 days, if there is a cause to believe the
property was obtained illegally or that the individual is in possession of proceeds of crime and is
charged with that crime, and proceeds of money are likely to be concealed or transferred.

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Further, such attachment must be executed in a manner prescribed under the Second Schedule of
the Income Tax Act, 1961. Moreover, the person in authority must record in writing the reasons
they believe the property was obtained through illegal means. The reason must be sent in a sealed
envelope to the adjudicating authority along with a copy of the attachment order. After attachment,
the adjudicating authority will receive the complaint, which should be filed within 30 days.

Adjudication (Section 8)

If any complaint is filed under Section 5(5) or an application is made under Section 17(4) or
Section 18(10), the individual allegedly said to have been guilty of committing the offence of
money laundering will be served with a notice of not less than 30 days asking him to submit proof
the sources from where the income, earnings, or assets were obtained and to provide a reasonable
justification for why the property must not be impounded.

After hearing from the side of the party accused of the crime, the adjudicating authority will record
its findings as to whether all or any of the properties are involved in money laundering or not. In
case the adjudicating authority reaches a decision that the property in question is involved in
money laundering, he shall state the reason and confirm it in writing about the attachment of the
property, and in case if the property is already attached, it will continue until the order of trial
becomes final. Then, if the individual is found guilty by the court, the attached property will vest
in the Central Government.

2) The Code of Criminal Procedure

Hierarchy of Criminal Courts in India

The setup of criminal courts in India is of two types: District and Metropolitan areas. Within these
areas, there are various levels of judiciary established to ensure the proper administration of justice.

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District

In the district areas, the setup of criminal courts is structured at three levels:

1. Courts of Judicial Magistrate: These are the lower level courts of the judiciary, categorized
into three types:
- Judicial Magistrate (Section 11)
- Judicial Magistrate second class (Section 11)
- Special Magistrate Court

2. Sessions Level Courts: These courts operate at the middle level of the judiciary and include:
- Court of Sessions (Section 9)
- Additional Courts of Sessions
- Assistant Courts of Sessions
- Special Courts

3. Higher Judiciary: At the higher level of the judiciary, there are the High Courts and the
Supreme Court of India.

Metropolitan Areas

In metropolitan areas, the courts at the sessions level are referred to as metropolitan courts and are
of two types: Metropolitan Magistrate Courts and Special Metropolitan Magistrate Courts.

Hierarchy of Criminal Courts:

The hierarchy of the Criminal Courts in India can be understood through the following chart:

- Supreme Court of India - Established under Article 124 of the Constitution of India.
- High Courts - Governed by Article 141 of the Constitution of India.

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 - Metropolitan Courts
- Chief Metropolitan Magistrate
- First Class Metropolitan Magistrate

- District Courts
- Sessions Court
- First Class Judicial Magistrate
- Second Class Judicial Magistrate
- Executive Magistrate

Separation of Judiciary from the Executive

The Code under Section 3(4) mandates the separation of the judiciary from the executive. Judicial
Magistrates exercise functions relating to matters involving evidence or formulation of decisions
resulting in penalties or punishments. On the other hand, Executive Magistrates handle executive
or administrative matters such as license granting, sanctioning prosecutions, or withdrawals.

Court of Session

Section 9 of the [Link] empowers the State Government to establish the Sessions Court presided
over by a Judge appointed by the High Court. Additional and Assistant Sessions Judges are also
appointed to exercise jurisdiction in the Court of Session.

Court of Judicial Magistrate

Section 11 of the Cr.P.C mandates the establishment of Courts of Judicial Magistrates in every
district, with first and second class magistrates appointed as per the consultation with the High
Court.

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Chief Judicial Magistrate and Additional Chief Judicial Magistrate

As per Section 12, in every district other than metropolitan areas, the Judicial Magistrate of the
first class is appointed as the Chief Judicial Magistrate. The High Court can designate additional
CJMs, empowering them with the powers of a CJM.

Sub-Divisional Judicial Magistrate

In sub-divisions, the Judicial Magistrate of the first class may be designated as the Sub-divisional
Judicial Magistrate, functioning under the control of the Chief Judicial Magistrate.

Special Judicial Magistrates

Section 13 empowers the High Court to confer special judicial magistrate powers upon individuals
holding government posts. They are appointed for terms not exceeding one year at a time.

Local Jurisdiction of Judicial Magistrate

Section 14 vests the Chief Judicial Magistrate with defining the local limits within which Judicial
Magistrates can exercise their powers.

Jurisdiction in case of Juveniles (Section 27)

This section prohibits the imposition of death penalties or life imprisonment on juveniles. Special
courts or designated Judicial Magistrates handle juvenile cases under the Children Act, 1960.

Subordination of Judicial Magistrate

According to Section 15(1), Sessions Judges hold authority over Chief Judicial Magistrates, who,
in turn, are superior to other Judicial Magistrates.

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Courts of Metropolitan Magistrate

These courts are established in every metropolitan area, presided over by Metropolitan Magistrates
appointed by the High Court. Special Metropolitan Magistrates may also be appointed for specific
cases or classes of cases.

Special Metropolitan Magistrates

High Courts may confer upon Special Metropolitan Magistrates powers similar to Metropolitan
Magistrates. They are appointed for terms not exceeding one year at a time.

Local Jurisdiction of Metropolitan Magistrate

As per Section 19, the jurisdiction of Metropolitan Magistrates extends throughout the
metropolitan area, with the Chief Metropolitan Magistrate having supervisory authority.

Executive Magistrate

Section 20 mandates the appointment of Executive Magistrates in every district and metropolitan
area, with one appointed as the District Magistrate. They handle administrative functions and are
not empowered to try accused or pass verdicts.

Local Jurisdiction of Executive Magistrate

Section 22 empowers the District Court to define the areas within which Executive Magistrates
may exercise their powers, extending throughout the district.

Subordination of Executive Magistrate

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Under Section 23, Executive Magistrates are subordinate to the District Magistrate, with
Additional District Magistrates not being subordinate to the District Magistrate. Executive
Magistrates in sub-divisions are subordinate to the Sub-divisional Magistrate.

The hierarchy and functioning of criminal courts in India are structured to ensure effective
administration of justice, with clear demarcation of powers and jurisdictions among different levels
of the judiciary.

3) The Prevention of Corruptions Act

Distinctive Features of the Prevention of Corruption Act

The Prevention of Corruption Act (POCA) of 1988 introduces several notable features aimed at
combating corruption effectively. These features include:

1. Broadened Definition:
- The Act broadens the application of terms like "public duty" and "public servant" under Section
2 of its definition clause.

2. Burden of Proof:
- In line with the Code of Criminal Procedure, 1973, the Act transfers the burden of proof from
the prosecution to the accused.

3. Inquiry Conducted by Officer:

- The Act stipulates that inquiries must be conducted by officers with at least the rank of Deputy
Superintendent of Police.

4. Expanded Definition of "Public Servant":

- The definition of "public servant" is expanded to include various categories such as Central
Government personnel, union territories, nationalized banks, and academic institutions.
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5. Criminalized Conduct:
- The Act criminalizes corrupt practices such as bribery, misappropriation, acquisition of undue
monetary advantage, and possession of assets disproportionate to income.

Important Provisions and Definitions

1. Public Duty (Section 2(b)):

- Defined as a duty in which the state, public, or society at large has an interest, encompassing
entities created or founded by government acts or authorities.

2. Public Servant (Section 2(c)):

- Defined broadly to include individuals employed by the government, local government
employees, employees of government-owned firms, judges, arbitrators, university personnel, and
officials of various institutions receiving financial aid from the government.

3. Applicability to Ministers and Chief Ministers:

- Ministers, Prime Minister, and Chief Ministers are considered public servants under the Act,
subject to its provisions.

Offences and Penalties

1. Receiving Gratification (Section 7):

- Prohibits public servants from receiving rewards other than lawful pay for official acts.

2. Influencing Public Servants (Section 8):

- Criminalizes the use of personal influence to secure favors from public servants.

3. Aiding and Abetting (Section 12):

- Makes it a crime to aid or abet offenses under Sections 7 to 11, punishable by imprisonment.

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Investigation

1. Authorized Investigators (Section 17):

- Designates specific officers, such as Inspectors of Police or higher-ranking officials, to conduct
investigations based on the jurisdiction.

2. Warrant Requirement:
- Investigations and arrests require an order from a Metropolitan Magistrate or Magistrate of
First Class.

Conclusion

The Prevention of Corruption Act of 1988 establishes a robust framework for combating
corruption by defining offenses, expanding the definition of public servants, and empowering
designated officers to conduct investigations. Through its provisions and definitions, the Act aims
to ensure accountability and uphold the rule of law in combating corruption effectively.

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 OBSERVATION

Working at Adv. Chetan Pandya's office was an incredibly rewarding and enlightening experience
that provided me with invaluable insights into the legal profession. Throughout the duration of the
internship, I had the privilege of immersing myself in various facets of legal practice, which
allowed me to gain a deeper understanding of the complexities and intricacies involved.

[I] Significance of Gujarati:

One of the most significant realizations during my time at the office was the paramount importance
of language proficiency, particularly in Gujarati. Effective communication is the cornerstone of
the legal profession, and having a strong command of the local language can prove to be
indispensable in building rapport with clients and understanding the nuances of legal documents.
Whether it is drafting legal briefs, communicating with clients, or interpreting statutes, proficiency
in Gujarati can play a pivotal role in ensuring clarity and precision in all legal communications.

[II] Meticulousness:

Furthermore, I came to appreciate the diligent attention to detail required in framing legal
documents. Each word and phrase must be carefully chosen to accurately convey legal concepts
and obligations.

[III] Being Reliable and Responsible:

Moreover, the internship provided me with invaluable opportunities to interact with clients and
provide them with sound legal advice. I realized that clients place immense trust in their advocates,
relying on their expertise to navigate legal challenges and protect their interests. This responsibility
underscored the importance of integrity, professionalism, and ethical conduct in every aspect of
legal practice.

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[IV] Red Tape and Bureaucratic Hurdles:

Navigating the bureaucratic labyrinth of government offices often demands not only expertise but
also an abundance of patience and tactful maneuvering. In these environments, where red tape can
hinder progress, individuals frequently find themselves needing to "grease the wheels" to facilitate
the completion of tasks.

[V] Importance of Personal Relations:

Patience becomes a virtue as one encounters delays, bureaucratic procedures, and sometimes
inefficiencies. Moreover, establishing rapport and fostering relationships with officials can be
essential for expediting processes and gaining cooperation. This might involve understanding the
unwritten rules of the office culture, respecting hierarchies, and occasionally offering incentives
within ethical boundaries. Ultimately, while proficiency in navigating bureaucratic systems is
crucial, the ability to exercise patience and employ diplomatic strategies proves equally
indispensable in achieving objectives within government offices.

[VI] Laying a Solid Foundation:

Despite the invaluable experiences gained, I acknowledge that there is still much to learn and many
skills to hone. Legal practice is a dynamic field, constantly evolving with new cases, laws, and
precedents. As such, I recognize the importance of remaining open to continuous learning and
growth, whether through further education, practical experience, or mentorship. While my
internship provided a solid foundation, I embrace the fact that the path to mastery is a lifelong
pursuit characterized by curiosity, dedication, and a willingness to adapt to new challenges and
opportunities.

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 CONCLUSIONS

My internship experience with Adv. Chetan Pandya has been invaluable, providing me with a
comprehensive insight into the intricacies of land revenue and banking law. Under Adv. Chetan
Pandya's mentorship, I have gained practical skills, legal knowledge, and professional confidence
that will undoubtedly shape my future in the legal field.

Working alongside seasoned legal professionals at Chetan Sir's office was an enriching experience
in itself. Their guidance, mentorship, and willingness to share their knowledge not only enhanced
my understanding of the legal profession but also instilled in me a sense of confidence and
determination to excel in my own legal career.

Moreover, Adv. Chetan Pandya fostered an environment of learning and growth, providing
constructive feedback, guidance, and encouragement every step of the way. The open-door policy
and willingness to share expertise have truly made this internship a transformative learning
experience.

I extend my sincere appreciation to Adv. Chetan Pandya and the entire team for their mentorship,
support, and invaluable insights throughout my internship. I am eager to apply the knowledge and
experiences gained here as I embark on the next chapter of my legal journey.

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