MP HC expresses displeasure over failure to record search, seizure in opium smuggling case

Indore, Dec 12 (PTI) The Madhya Pradesh High Court has expressed displeasure over the police's failure to comply with Bharatiya Nagarik Suraksha Sanhita (BNSS) provisions regarding audio-video recording of searches and seizures and summoned the Home Department's Principal Secretary.

While asking the Principal Secretary (Home) to apprise the court about the steps taken to implement these provisions, the HC's Indore bench noted state officials appear to have conveniently forgotten them.

Justice Subodh Abhyankar made the comments on December 9 in the case of an 18-year-old man from Rajasthan arrested in the Malhargarh police station area of Madhya Pradesh's Mandsaur district for allegedly smuggling 2.71 kilograms of opium. He was later released on interim bail.

The man has approached the High Court, claiming he was framed in the case. After the court took cognizance of the matter, six police personnel, including a station house officer, were suspended.

These police personnel are accused of not following established procedures during the investigation of the case.

Citing Sections 105 and Sections 185 of the BNSS, the single bench of the HC said, "From the aforesaid provisions, which were first introduced in the BNSS, the legislature has already taken into account the necessity to record the search and seizure through audio-video mode. However, it appears the aforesaid provisions have been conveniently forgotten by the officers of the state." "In such circumstances, the Principal Secretary, Home department/respondent state is directed to apprise this court about the steps taken to implement the aforesaid provisions," said the HC.

The judge also sought to know if the state government has given any thought to providing body cameras to police personnel in Madhya Pradesh.

The HC passed these directions during hearing in the case on Tuesday and fixed January 12 for next proceedings. The High Court has directed the Principal Secretary (Home) to appear before the court on the next hearing date (January 12).

"The Principal Secretary, Department of Home, shall appear before this court either personally or through V.C (video conferencing) on the next date of hearing," the judge said.

The BNSS, which replaced the old Code of Criminal Procedure (CrPC), prescribes specific timelines for different aspects of investigation and trial in order to ensure speedy justice. It mandates audio-video recording of search and seizure to bring in greater transparency during investigation.

On December 5, the HC ordered that the man, arrested under the Narcotic Drugs and Psychotropic Substances (NDPS) Act for alleged opium smuggling, be released on interim bail.

The accused has claimed in his defence before the court that he was 'illegally arrested' from a bus by police personnel in the morning of August 29, but was shown to have been arrested in the evening at 5.15 by the cops.

The accused's lawyer, Himanshu Thakur, told PTI, "My client was travelling from Mandsaur in Madhya Pradesh to Pratapgarh in Rajasthan by bus. He is a bright student and passed his 12th grade exams with first division." Thakur said his client had submitted CCTV footage from the bus to the HC, which has taken cognizance of the recording.

The footage shows three men in plainclothes escorting the young man out of the bus.

Mandsaur district, bordering Rajasthan, is known for opium cultivation. Cases of illegal production, storage, trade, and smuggling of narcotics are frequently reported in the district. PTI HWP MAS RSY