MP High Questions Police Conduct Over Missing Audio-Video Record In Alleged Opium Seizure Case, Summons Principal Secretary

Observing that the police personnel handling an alleged opium seizure case had conveniently forgotten to adhere to BNSS provisions on search and seizure, the Madhya Pradesh High Court directed the state's Principal Secretary to apprise on steps taken to implement the provisions. In the present matter, the applicant, in custody since August 29, 2025, claimed that he was illegally escorted from a bus by unidentified men claiming to be police officers in civil dress. Later the same evening, he was shown to have been arrested with a commercial quantity of opium. Taking into account the CCTV footage of the bus in which the applicant was sitting, the Court had in the earlier hearing, directed the S.P. Mandsaur to remain present and apprise about the entire episode looking to the prima facie defence established by the applicant. Earlier the court had also granted bail to the applicant as an interim measure. During the hearing on December 9, Justice Subodh Abhyankar questioned the lapses by the State in maintaining an audio-video record of the alleged operation, which is a standard procedure under Sections 105 and 185 of BNSS. Referring to provisions in BNSS on recording of search and seizure through audio-video electronic means (Section 105) and search by police officer (Section 185) the court said:"From the aforesaid provisions, which have been introduced for the first time in the B.N.S.S., the legislature has already taken into account the necessity to record the search and seizure through audio-video mode, however, it appears that the aforesaid provisions have been conveniently forgotten by the officers of the State. In such circumstances, the Principal Secretary, Home Department/ respondent State is directed to apprise this Court about the steps taken to implement the aforesaid provisions...The Principal Secretary, Department of Home, shall appear before this Court either personally or through V.C. on the next date of hearing"The court also directed the State to apprise on if it has given any thought on "providing body cams to the police personnel". "This Court also finds that it is only in such circumstances as the present one, when the Court has the occasion to deal with such matters, and if such occasions/incidents are ignored or glossed over, the opportunity to undo the wrong is lost forever, again leaving the field open to the wrongdoers to have their say until the next time when some other such unfortunate incident takes place and some other person is victimised, which is brought to the knowledge of this Court," it emphasized. The court also made the bail of the applicant as absolute. The SP Mandsaur informed the court that the six police personnel involved in the incident had been suspended with immediate effect. The Additional Advocate General submitted that the seizure was actually made in the morning but was incorrectly recorded as an evening recovery due to 'procedural lapses'. He urged the court not to expand the scope of bail proceedings. Rejecting his contention the court said:"So far as the contention of Shri Soni that this Court should not enlarge the scope of this bail application is concerned, this Court finds that in order to safeguard the life and liberty of the citizens of this country, the immediate custodian of which is the High Court only, who can exercise its inherent powers not only under Section 482 of Cr.P.C./528 of B.N.S.S., but also plenary powers under Article 226 of the Constitution of India to safeguard the fundamental rights enshrined in the Constitution. Thus, at times, it becomes incumbent upon this Court to ensure that such rights are protected not only in the present, but in future also and that can only be done at the appropriate stage by giving appropriate directions". The case was listed for January 12, 2026.Case Title: Sohanlal v State of Madhya Pradesh [MCRC-52351-2025]For Applicant: Advocate Himanshu ThakurFor Respondents: Government Advocate Vishal Singh PanwarClick here to read/download the Order

MP High Questions Police Conduct Over Missing Audio-Video Record In Alleged Opium Seizure Case, Summons Principal Secretary

Jayanti Pahwa

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