TaxTMI 
TaxTMI 
TaxTMI 
2018 (4) TMI 1830
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.... also found body worn cameras as deterrent against anti-social behaviour and tool to collect evidence. He also referred to judgment of this Court in Karnail Singh Vs. State of Haryana, (2009) 8 SCC 539 wherein reference to use of technology during search and seizure under Narcotic Drugs and Psychotropic Substances Act, 1985 has been made. Reference has also been made to Information Technology Act (Amendment) 2006, particularly, Section 79A. In (1976) 2 SCC 17, Ziyauddin Burhanuddin Bukhari Vs. Brijmohan Ramdass Mehra & Ors., this Court noted that new techniques and devices are the order of the day. Audio and video tape technology has emerged as a powerful medium through which a first hand information can be gathered and can be crucial evidence. Learned Additional Solicitor General has also drawn our attention to the Field Officers' Handbook issued by the Narcotics Control Bureau, Ministry of Home Affairs, Government of India, inter-alia, suggesting that logistic support be provided to the search teams. It further suggests that all recovery and concealment methods should be videographed simultaneously. The said handbook 3 also suggests that permission should be taken under Sec....
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....dmissibility being resolved to make the use of videography compatible and useful. He also submitted that the direction ought to be issued for use of videography in investigation and such use be made mandatory. We have also requested Mr. Arun Mohan, learned senior counsel, present in the Court, to assist the Court on the subject as amicus. He submitted that equipments which may be useful for scientific investigation have been suggested in certain publications on the subject. A copy each of the said 3 publications has been furnished to Mr. Nadkarni so that the same can be considered by the Committee of Experts. He submitted that still photography may be more useful as it enables much higher resolution for forensic analysis. Digital camera can be placed on a mount on a tripod which may enable rotation and tilting. Secured portals may be established to which Investigation Officer can e-mail photographs taken at the crime scene. To give authenticity and prevent manipulation, digital images can be retained on State's server as permanent record. The State server can re-mail the digital files back to the police station for further use. Special cameras may be selected by the B....
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....ting agency. Reference was made to the decisions of this Court in Mohd. Ajmal Amir Kasab v. State of Maharashtra, (2012) 9 SCC 1 and State (NCT of Delhi) v. Navjot Sandhu, (2005) 11 SCC 600." 4. On the issue of interpretation of Section 65B(4) of the Evidence Act with regard to the admissibility of the electronic evidence it was observed : "12. Accordingly, we clarify the legal position on the subject on the admissibility of the electronic evidence, especially by a party who is not in possession of device from which the document is produced. Such party cannot be required to produce certificate under Section 65B(4) of the Evidence Act. The applicability of requirement of certificate being procedural can be relaxed by Court wherever interest of justice so justifies. 13. To consider the remaining aspects, including finalization of the road-map for use of the videography in the crime scene and the Standard Operating Procedure (SOP), we adjourn the matter to 13th February, 2018." 5. We have now taken up the issue for further consideration. An affidavit dated 21st March, 2018 has been filed by the Director, Ministry of Home Affairs (MHA) annexing thereto Report of the Committ....
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....o offer, the SP/DCP of the concerned district should be authorized to hire a private technical person proficient in digital imaging and back-up technologies to handhold/mentor the Trained Police Videographers. * Preparation of Trainer Police Videographer Training Modules and Training of Trainers courses by BPR&D/CDTS/State Police Academies. b. Phase-II: Six Months: Pilot Project Implementation * After the three months of Concept, Circulation and Preparation stage, the pilot project should be launched in the selected police stations of the shortlisted Districts of the States. * The concerned District Superintendent of Police / Deputy Commissioner of Police, shall designate an officer of the rank of Deputy Superintendent of Police/Assistant Commissioner of Police, to supervise the implementation of the Pilot Project and to chronicle the Pilot implementation. Any implementation issues shall immediately be flagged and brought to the notice of the SP / DCP concerned. The officer designated will be responsible for the uninterrupted implementation of the Pilot. * Launch of Trained Police Videographer Training Programmes/ Training of Trainer Course by BPR&D/CDTS/ State Police Acade....
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....roll out is proposed in Phase-V. Where FSL has no resources to offer, the SP/DCP of the concerned district should be authorized to hire a private technical person proficient in digital imaging and back-up technologies to handhold/mentor the Trained Police Videographers. * MHA to work on extending the financial support for implementation of the project for remaining cities and districts during Phase-V. e. Phase-V: One Year: Coverage extension to remaining Cities and Districts * Implementation of the Videography in Investigations project in all remaining districts and cities. * Review of Phase-IV implementation learning based on independent consultant's report by MHA and submission of status report to the Supreme Court for modifications/suggestions for improvement of the Videography in Investigations project." 6. Apart from above, the Committee suggested that a group of experts may be set up at the level of Government of India comprising: (i) One head of Central Investigation agencies (CBI, NIA, NCB) as Chairperson; (ii) One head of State Police; (iii) One head of CFSL or Senior Forensic Scientist with expertise in the area; (iv) A Senior Legal Professional (LA o....
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....is a great tool in investigation2. By the videography, crucial evidence can be captured and presented in a credible manner. 10. Thus, we are of the considered view that notwithstanding the fact that as of now investigating agencies in India are not fully equipped and prepared for the use of videography, the time is ripe that steps are taken to introduce videography in investigation, particularly for crime scene as desirable and acceptable best practice as suggested by the Committee of the MHA to strengthen the Rule of Law. We approve the Centrally Driven Plan of Action prepared by the Committee and the timeline 1 Para 34 - (2009) 8 SCC 539 2 Ram Singh and Ors. vs. Col. Ram Singh 1985(Supp) SCC 611, R. vs. Maqsud Ali (1965) 2 All ER 464, R vs. Robson (1972) 2 All ER 699, Tukaram S. Dighole vs. Manikrao Shivaji Kokate (2010) 4 SCC 329, Tomaso Bruno and anr. vs. State of Uttar Pradesh (2015) 7 SCC 178, Mohd. Ajmal Amir Kasab vs. State of Maharashtra (2012) 9 SCC 1 and State (NCT of Delhi) vs. Navjot Sandhu (2005) 11 SCC 600. as mentioned above. Let the consequential steps for implementation thereof be taken at the earliest. 11. We direct that with a view to implement the Plan of Act....