The Madhya Pradesh High Court has expressed strong displeasure over the police’s failure to comply with provisions of the Bharatiya Nagarik Suraksha Sanhita (BNSS) mandating audio-video recording of search and seizure operations, and has summoned the state’s Principal Secretary, Home Department, to explain the steps taken to implement the law.
Justice Subodh Abhyankar of the Indore Bench made the observations on December 9 while hearing a petition filed by an 18-year-old man from Rajasthan, who was arrested in the Malhargarh police station area of Mandsaur district for allegedly smuggling 2.71 kilograms of opium. The accused was later granted interim bail by the High Court.
Taking note of the lapses, the court observed that despite the statutory mandate under the BNSS, state officials appeared to have “conveniently forgotten” the provisions requiring audio-video recording of searches and seizures.
“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,” the court said, referring to Sections 105 and 185 of the BNSS.
In this backdrop, the High Court directed the Principal Secretary (Home) to apprise the court of the steps taken by the state government to ensure implementation of these provisions. The court has also sought to know whether the government has considered providing body cameras to police personnel in Madhya Pradesh.
“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,” Justice Abhyankar ordered.
The court further directed that the Principal Secretary, Department of Home, must appear before it on the next date of hearing, either in person or through video conferencing. The matter has been listed for further hearing on January 12.
The case assumes significance as, following the High Court taking cognizance of the accused’s allegations, six police personnel, including the station house officer, were suspended for allegedly not following established procedures during the investigation.
Earlier, on December 5, the High Court had ordered the release of the accused on interim bail in the NDPS Act case. The accused has claimed that he was illegally picked up from a bus on the morning of August 29 but was falsely shown to have been arrested later in the evening at 5.15 pm.
Appearing for the accused, advocate Himanshu Thakur submitted that his client was travelling by bus from Mandsaur in Madhya Pradesh to Pratapgarh in Rajasthan when he was detained. He told the court that the accused is a bright student who passed his Class 12 examinations with first division.
Thakur further informed the court that CCTV footage from the bus had been placed on record, which the High Court has taken cognizance of. The footage purportedly shows three men in plainclothes escorting the young man out of the bus.
Mandsaur district, which shares a border with Rajasthan, is known for opium cultivation, and cases relating to illegal production, storage, trade and smuggling of narcotics are frequently reported from the region.
The BNSS, which has replaced the Code of Criminal Procedure (CrPC), mandates specific timelines for investigation and trial and makes audio-video recording of search and seizure compulsory to ensure greater transparency and accountability in criminal investigations.
