NIRMAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Although this bail application under Sec. 439 of Cr.P.C.1973, for offences under Ss. 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 dtd. 2/12/2020, reported as (2021) 1 SCC 184 has been complied with, and SOP (Standard Operating Procedure) has also been issued in the month of December 2023, effective from January 2024, and as of now, the capacity of the CCTVs installed in the police stations is sufficient enough to keep the data for a period of minimum one year.

(2.) In the aforesaid SOPs there are various levels of supervision of the CCTV, including a Nodal S.P./Additional S.P., Zonal S.P., and vide order dtd. 22/1/2021, District Level and State Level Oversight Committee (DLOC/SLOC) have also been formed.

(3.) On perusal of the aforesaid SOP, and the documents filed on record, this Court is of the considered opinion that although the respondents have tried to comply with the order passed by the Supreme Court in the case of Paramvir Singh Saini (supra), however, all these hardware installed, and SOPs issued for the proper maintenance of the same are meaningless if they are not properly implemented by the officers concerned in the letter and spirit of the order passed by the Supreme Court in the case of Paramvir Singh Saini (supra).