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2024 Supreme(Online)(MAD) 15260
HIGH COURT OF MADRAS
Hon`ble Mr.Justice B.PUGALENDHI
A.Parameshwaran – Appellant
Versus
The Commissioner of Police – Respondent
The timing of a request controls the obligations of authorities regarding the preservation of evidence.
Headnote:
CCTV - Preservation Request - N/A - The court dismissed the petitioner's request to preserve specific CCTV footage, citing the inability of the highway authorities to retain footage beyond one month as a key legal consideration.
Fact of the Case:
The petitioner sought a direction to preserve CCTV footages from toll plazas relevant to an ongoing criminal case, but the request was made two months after the footage was recorded.
Finding of the Court:
The court noted the highway authorities' inability to retain the CCTV footage longer than one month and dismissed the petition based on the timing of the request.
Issues: Whether the highway authorities were obligated to preserve CCTV footage that was requested two months after its recording.
Ratio Decidendi: The court ruled that the authorities' failure to preserve footage, due to the timing of the request, did not create a legal obligation for retention.
Final Decision: The petition is dismissed.
O R D E R
The petitioner has approached this Court seeking a direction to the direct the Respondent Nos.3 to 7 to preserve the CCTV Footages available in the said toll plazas to send the CCTV Footages to the file of the learned Principal Special Judge of NDPS Cases, Madurai in connection with the Cr.No.81 of 2023 pending on the file of the second respondent.
2.The learned Counsel for the Highway authorities submits that for the CCTV footages taken on 11.03.2023 and 12.03.2023, the petitioner has made a request to preserve the CCTV footages only on 05.05.2023. Also, he submitted that the CCTV camera footages are preserved for only one month and the same cannot be maintained for more the one month. Since the request of the petitioner to preserve the CCTV camera footages has been made only on 05.05.2023, the Highway authorities are not in a position to preserve the CCTV camera footages.
3.Recording the submission of the learned Counsel for the Highway authorities, this criminal original petition is dismissed.
Consequently, connected miscellaneous petition is closed.
16.07.2024 NCC : Yes/No Internet:Yes/No Index:Yes/No jbr To
1. The Commissioner of Police, Madurai Ciy, Alagar Kovil Salai, K.Pudur, Madurai District. 2. The Inspector of Police, Thiruppalai Police Station, Thiruppalai, Madurai City, Madurai District.
3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
B.PUGALENDHI , J .
jbr
16.07.2024
