In WP 1551 of 2022, the Court directed the investigating officer to seize the sealed CCTV feeder box without tampering and verify its integrity for use as evidence in the underlying case.
Direction to seize CCTV feeder box, verify its integrity, assess petitioner's footage copy, and include new evidence if found.
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24.03.2022 Court No.13 Item No.6 AP
WPA 1551 of 2022
Sana Moid Vs.
The State of West Bengal and Ors.
(Through Video Conference)
Mr. Tarique Quasimuddin Ms. Sanchita Chaudhuri
... For the Petitioner.
Mr. Md. T.M. Siddiqui Mr. D. Ghosh
... For the State.
Mr. Amarta Ghose Ms. Rituparna De Ghose Mr. Siddhartha Paul
... For the Respondent Nos.5 & 6.
The investigating officer of the Park Street Police Station Case No.145 of 2021 dated 9th November 2021 is present in Court. The case diary is produced before this Court. A report issued by the Officer-in-Charge, Park Street Police Station, Kolkata is placed before this Court and the same is taken on record.
It appears that the CCTV footage which is contained in the feeder box has been sealed by the police. The investigating officer may seize such feeder box. It shall be verified as to whether the box has been tampered or not. Any new evidence in the feeder box shall, at the discretion of the investigating officer, be included as additional evidence either by way of supplementary charge sheet or before the trial itself.
2
The petitioner shall also give his copy of the footage and the investigating officer may assess the same for the purpose of the aforesaid order.
It is expected that the charge sheet is put for committal as expeditiously as possible by the jurisdictional magistrate.
The case diary is returned.
With the aforesaid observations, the writ petition is disposed of.
There shall be no order as to costs.
All parties shall act on the server copy of this order duly downloaded from the official website of this Court.
(Rajasekhar Mantha, J.)
Sana Moid
The State of West Bengal and Ors.
Rajasekhar Mantha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
