The crucial role of Police in safeguarding seized properties until Court verdict

By S.T. Ravikumar

With advancements in technology, the crime graph continues to rise. However, so does the capability of law enforcement in cracking cases, thanks to technological reforms integrated at various levels of Policing. In the past, before the advent of modern forensic science, technology and software applications, manual methods were the only tools available for maintaining law and order, preventing crimes and solving cases.

This often resulted in prolonged investigations, making it a daunting task to bring cases to a logical conclusion amidst numerous challenges. Tracing and arresting the absconding accused were particularly arduous, affecting the morale of the Police force in their pursuit of justice.

One of the most challenging aspects for the Police, particularly the Investigation Officer (IO), is ensuring safe-keeping of valuables and articles seized or recovered from suspects until the Court grants permission for further proceedings.

These items often serve as crucial evidence during trial, making it the IO’s primary duty to preserve them in secure conditions. Under the Bharatiya Nagarika Suraksha Sanhita (BNSS)-2023, it is mandatory to verify the authenticity and assess the value of seized items with the assistance of an appraiser.

This applies to all cases involving House Burglaries and Thefts (HBT), chain snatching, dacoity, robbery, murder, financial fraud and accident-related incidents, particularly when gold and silver valuables are recovered.

Under BNSS-2023, various Sections outline the legal framework for handling seized items. Section 177 deals with the seizure process, Section 118 governs the handling of seized items, Section 119 mandates serving notice to the rightful owner and providing related information, while Section 120 lays down procedures for Police when seizing liquor, cattle, calves, construction materials, drugs and other substances.

If the quantity of seized items is small, they are sealed and stored in a locker within the Police Station. To ensure their safety, it is mandatory to prepare a Property Form (PF) and record the details in the Muddemal Register (Seized Property Register) until their lawful disposal.

For seized items of large quantity — such as valuable records, gold and silver — they must be stored in the District Treasury with prior permission from the Deputy Commissioner until the Judge grants disposal approval.

However, details of the seized articles must be duly recorded in the case file, property form and seized property register. Seized vehicles, on the other hand, should remain within the Police Station premises and can only be released to the owners through Court permission.

The Lokayukta Police, after seizing articles and documents, secure them in the strong room of the respective Police Stations. In cases of liquor seizures, Excise Department officials must send samples to the Forensic Sciences Laboratory (FSL) to verify authenticity while counterfeit liquor must be disposed of.

Seized sandalwood, ivory and other priceless items under the Wildlife Act must be stored exclusively in the Sandalwood Treasury.

Meanwhile, drugs and narcotics should be kept in Notified Places, such as the Narcotic Stock Room at the Mysuru City Police Commissioner’s Office.

No explosive materials should be brought to Police Stations; instead, they must be disposed of with the assistance of the Bomb Detection and Disposal Squad (BDDS). While defusing explosives, the area must be secured to prevent trespassing, as a precautionary measure.

Seized LPG cylinders and chemicals must be shifted to authorised godowns and the Investigation Officer must produce them before the Court while submitting the final report in the case.

For the seizure of weapons, small-sized weapons can be stored in the Station Locker, whereas large-sized weapons must be placed in the Armoury Store at the City Armed Reserve (CAR) Police Wing.

However, there is no requirement for the Police to retain seized items until the case is heard in Court. Once the Court grants permission, the articles can be handed over to their rightful owners after obtaining an Indemnity Bond.

Overall, the Police face a dual challenge — on one hand, they must investigate cases, file chargesheets with circumstantial evidence and ensure conviction of the guilty. On the other hand, they bear the utmost responsibility of safeguarding seized items, ensuring they remain intact and undamaged until due legal procedures are completed.

Chain of Custody

The Police must strictly maintain the chain of custody, secure crime scenes and safeguard digital records. This chain documents every transfer of evidence from seizure to presenting the evidence in the Court of Law. The prosecution must prove that only authorised personnel handled and stored it properly at designated facilities. At crime scenes, officers must prevent evidence contamination, tampering, capture detailed photos and sketches, and record identities and statements.

Handling with utmost care

Even though the Home Department provides adequate facilities for storing seized articles, it is the responsibility of the Police to handle them with utmost care. Just as the Police arrest the accused, keep them in safe custody, interrogate them, conduct spot mahazar and produce them before the Judge, they must also ensure that seized articles — such as gold, silver and valuable documents — are kept under tight security until they are returned to their rightful owners with Court permission. — Seema Latkar, City Police Commissioner