False panchnama and seized properties

[Ramesh]

Hello Sir,

The police have taken 4 of my smartphones and 2 USB sticks and several documents from my house.
They also kept my housekey.

Two crime branch persons and one constable did this.

After I complained to higher officer about this, they have falsified the panchnama and I don’t see any details of items seized in it.
Also they are saying only 3 phones they have and not saying anything about the rest of the things.

The two crime branch person and constable who seized my properties are transferred to next area station. Even the IO is transferred.

The current IO says he has to check my phones. This is after 1yr of the FIR. Absolutely nothing about returning them to me.
The crime branch person who is holding the phone is still doubtfully teasing me “The IO asked us to send the phones to forensics, I only told him not to send.”

I don’t care if they send the phones to forensics. But they have to acknowledge that they have taken the phones.

Currently the state is unsure. The crime branch person wants me to pay money for charge sheet submission. I can not do that as the charge sheet is not proper and I want to stay clean.
He plans to first take money for this and then talk about my phones I think.

How to resolve this issue ?

This is happening even after complaining to DCP level.

[Dr. Ashok Dhamija]

Relevant extracts from Section 100 of the Criminal Procedure Code are reproduced below:

“(6) The occupant of the place searched, or some person in his behalf, shall, in every instance, be permitted to attend during the search, and a copy of the list prepared under this section, signed by the said witnesses, shall be delivered to such occupant or person.

(7) When any person is searched under sub-section (3), a list of all things taken possession of shall be prepared, and a copy thereof shall be delivered to such person.”

So, the legal provision clearly requires that the occupant (owner) of the house searched shall be given a copy of the search list and a copy of the list of articles seized. So, you should have objected to the seizure of the articles without giving a copy to you of the list of the seized articles, at the time when these articles were seized from you. Why did you allow them to take the articles without getting a copy of the list of seized items? This list is supposed to be signed by the police officer and two or more independent witnesses who witnessed such search and seizure.

Raising the objection subsequently after a long time gap, would leave you at the mercy of the police officers concerned, unless you have some proof of the items seized (such as CCTV / video recording of the seizure or some witnesses). If your phones had SIM cards and were active, then the location of those phones may be found in the police station after their seizure. Make enquiries about that. In any case, you may try complaining to the senior officers as well as to the court having jurisdiction.

As regards the demand of bribe from you, you should immediately contact the Anti-Corruption Bureau (ACB) at your place and file a complaint. They can lay a trap for catching the corrupt police officers for demand and acceptance of bribe. If the trap is successful, the ACB may provide whatever lawful protection is possible.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[Ramesh]

Hello Sir,

Thank you for answering my questions.

But how can I allow or not allow them to take items from our house. They barged in like goons. I was alone and they were three. They wanted to bind me in chains and handcuffs, while taking me from station to house. but the constable told the crime guys that it’s not necessary.

On the previous day, when a crime branch guy arrested me, he assaulted me just for asking whether he is police and when he didn’t say yes or no, I asked for id.

One of the phone had sim. I hope it helps.

I wish them to acknowledge the devices they have seized as it would help my case.
The accuser accused me of making sex film of hers and mine and used it to force her to come to my house and have sex with me ! It would be good point to tell in court that 3 phones seized and no such video is found! I guess.

Best regards
Ramesh

[Author]

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