ANSAR AHMED Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Shri Abhinay Vishwakarma, DCP Zone- 2 along with Shri Chandrakant Patel- SHO, P.S. Vijay Nagar are present in person and on a query made by this Court on the last date of hearing as to how the bottles have been damaged by the rats. It is informed that the bottles in which the viscera were kept, were plastic cans which were damaged by the rats in the rainy season, which has led to the destruction of the evidence collected during the course of investigation and thus, histopathological report could not be obtained. It is also submitted that 28 other samples were also destroyed by the rats.

(2.) It is also informed that a departmental enquiry has been initiated against the then SHO Ravindra Singh Gurjar and Malkhana In-charge Suresh Chandra Mehta for such lapses. It is also submitted that the Department has already taken note of the aforesaid destruction of evidence and now the material seized and the Malkhana have been shifted to other room and extra precaution has been taken to sanitize and seal the room.

(3.) Although, the aforesaid explanation, by no stretch of imagination, can be said to be satisfactory as apparently, the valuable evidence has already been destroyed due to the negligence on the part of the concerned officers of the Police, who were responsible to keep the articles/material collected during the investigation, in proper and safe custody, hence, no further order is required to be passed so far as the present case is concerned.