SUBODH ABHYANKAR
Nirmal – Appellant
Versus
State Of M. P. – Respondent
ORDER :
Subodh Abhyankar, J.
1. Although this bail application under Section 439 of Cr.P.C.1973, for offences under Sections 8/15, 25 & 29 of the Narcotic Drugs Psychotropic Substance Act, 1985 has already been allowed by this Court on 11.9.2024, owing to serious lapses on the part of the concerned police station at Manasa, District-Neemuch to furnish CCTV footage to the applicant whose contention was that he was arrested prior in time and a false case has been slapped on him subsequently, while in the police custody, however, the case was not disposed of with a view to enquire into the current practice adopted by the police to maintain the CCTV cameras installed in the police stations. Hence, certain directions were also issued to the Senior Superintend of Police, Radio, Bhopal, and pursuant to which, Shri Vijay Khatri, Senior Superintend of Police, Radio, Bhopal has appeared through video conferencing and has informed this Court that the order passed by the Hon’ble Supreme Court in the case of Paramvir Singh Saini vs. Baljit Singh & others passed in Special Leave Petition (Criminal) No.3543 of 2020 dated 02.12.2020, reported as (2021) I SCC 184 has been complied with, and SOP (Stan
The court emphasized the necessity of strict adherence to SOPs for CCTV maintenance in police stations to protect citizens' rights and prevent police misconduct.
Fabrication and backdating of documents, non-functioning of CCTV cameras in police stations
The Court ruled that illegal detention violates constitutional rights and statutory procedures, mandating police compliance with judicial orders.
The court mandated that all police stations in Odisha must install functional CCTV systems by 31-03-2025 to enhance accountability and address human rights violations against armed forces personnel.
Non-functioning CCTV cameras at police stations and incomplete installation of CCTV surveillance systems by selected contractors constitute a breach of directions given by the Supreme Court.
Police official can mark S.65-B for own videographs, but trial court must consider objection for CCTV footage from third-party device.
The court established that the malfunctioning of CCTV equipment does not automatically imply illegal detention, and the burden of proof lies with the prosecution to establish the legality of the dete....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.