NDPS Act | Failure To Videograph Chance Recovery Doesn't Vitiate Seizure: Delhi High Court

The Delhi High Court has made it clear that failure to videograph or produce CCTV footage of a chance recovery does not vitiate seizure of alleged contraband from an accused.Though the Narcotic Drugs and Psychotropic Substances Act, 1985 does not mandate video-recording of seizure, the same has become mandatory with the introduction of the Bharatiya Nagarik Suraksha Sanhita, 2023.Even the Delhi High Court in Bantu v. State of NCT of Delhi (2024) held that Section 105 BNSS, which requires recording of search and seizure through audio-video electronic means, is mandatory.However, Justice Ravinder Dudeja clarified that “non-collection of CCTV footage or lack of videography may constitute a deficiency; however, such omission cannot by itself vitiate seizure proceedings.” In the case at hand, there was a chance recovery at about 3 AM and hence, the Judge held that non-production of CCTV footage cannot be a sole ground to discard recovery.Justice Dudeja had on an earlier occasion too, observed that while use of technology in NDPS cases enhances the efficacy and transparency of the police investigation and assures fairness however, “there may be situations where audio/video recording may not be feasible”.In the present case, the judge was dealing with a plea moved by a convict seeking suspension of sentence. He was sentenced to Rigorous Imprisonment for 10 years for possessing 25.086 kg ganja.It was argued that the conviction rests solely on testimonies of police officials, without any independent witness, despite recovery being effected in a public place. It was further submitted that no photographs, videography or CCTV footage was produced, although cameras were installed in the vicinity.The High Court held that recovery cannot be doubted merely due to non-joining of independent/public witness, particularly when testimony of police witnesses was consistent, duly corroborated by seizure memos, FSL report, and chain of custody. “It is well settled that police officers are not to be disbelieved merely because they are official witnesses, unless motive to falsely implicate is demonstrated,” the Court said.On availability of video recording of the seizure, the Court said, “The present case is of a chance recovery which occurred at about 3 AM. Hence, nonproduction of CCTV footage cannot be a sole ground to discard recovery, particularly when seizure memos, FSL report and consistent depositions corroborate the prosecution version.”As such, dismissed the plea.Also read: Draconian Provisions Of NDPS Act Misused: Calcutta High Court Orders Mandatory Videography Of Recovery ProcedureAppearance: Mr. Karan Verma, Ms. Nayan Maggo, Mr. Yash Arora, Mr. Yuvraj Singh, Advs. for Petitioner; Mr. Yudhvir Singh Chauhan, APP for the State with SI Anil, PS Seemapuri. Case title: Ashish v. StateCitation: 2025 LiveLaw (Del) 1279Case no.: CRL.A. 677/2025Click here to read order

NDPS Act | Failure To Videograph Chance Recovery Doesn't Vitiate Seizure: Delhi High Court

LIVELAW NEWS NETWORK

Tags