Seizure Memo Loses Credibility If Prepared At Police Station And Not Place Of Recovery: Rajasthan High Court

Rajasthan High Court recently granted bail to an accused booked for attempt to murder and under the NDPS Act, observing that the credibility of the seizure memo loses its significance if it was not prepared at the same place from where the recovery was made but was taken by the police to the police station to prepare the same. The Court highlighted the fact that during cross-examination, the seizing officer mentioned that all the memos including seizure memo, recovery memos, etc were prepared in the police station. In order to sanctify the search and seizure of contraband, it was expected from the Seizure Officer to prepare the memos at the crime place…Law requires that if certain thing is recovered at a particular place on the given time then the memos should be prepared at the same place in the presence of witnesses and accused.” The Court made reference to the case of Kamlesh Kumar v Union of India in which the search and seizure was not conducted at the place where the vehicle was intercepted and no explanation was furnished for doing the same. A slight departure or deviation could be permitted but it cannot be allowed that after recovery, the police takes the material to the police station situated far away and there prepares the seizure memo.