Rats In Malkhana Damage Viscera Samples: Madhya Pradesh HC Laments "Pathetic Condition" Of Articles Kept In State's Police Stations

While hearing a bail plea, the Indore bench of the Madhya Pradesh High Court expressed its concern over the "pathetic condition" in which articles collected during investigation are kept in police stations in the State. 

The observation came after the court was informed that destruction of forensic samples had occurred as rats had damaged the plastic containers (containing the samples) which was stored at the concerned police station. 

Highlighting the need to improve evidence preservation systems in police stations across the state to prevent such incidents in the future a single judge bench of Justice Subodh Abhyankar in its October 4 order said: 

“This court is also of the considered opinion that the police officers concerned should have taken into account all the relevant factors to protect and safeguard the material seized during an investigation, and although nothing can be done about this spilt milk, but at least this incident has also brought in to the light the pathetic condition, in which the articles/material collected during investigation is kept in the police stations of the State. It is anybody's guess as to what the situation in the police stations at small places would be, when in the present case, the police station was one of the most busy police stations of Indore city". 

The court was hearing the bail plea of one Ansar Ahmed. He had had earlier applied for bail thrice and all his applications were dismissed. He was booked under IPC Sections 304 (Punishment for culpable homicide not amounting to murder) and 323 (Punishment for voluntarily causing hurt). Ahmed had also approached the Supreme Court in an SLP against the dismissal of his earlier bail plea; however the apex court had dismissed the SLP. 

With respect to the damage caused to the viscera samples, the high court had during the last hearing enquired as to how the bottles have been damaged by the rats. During the hearing on October 4, the court was informed by the police authorities that the bottles in which the viscera were kept, were plastic cans which were damaged by the rats in the rainy season, leading to destruction of the evidence collected during the course of investigation and thus, "histopathological report" could not be obtained.

The high court was further informed that 28 other samples were also destroyed by the rats. 

The high court thereafter said, "Although, the aforesaid explanation, by no stretch of imagination, can be said to be satisfactory as apparently, the valuable evidence has already been destroyed due to the negligence on the part of the concerned officers of the Police, who were responsible to keep the articles/material collected during the investigation, in proper and safe custody, hence, no further order is required to be passed so far as the present case is concerned". 

It however directed the Director General of Police to take stock of all Malkhanas (storerooms) of all the police stations across Madhya Pradesh so as to ensure that such incidents are avoided in future in other police stations.

The court said that for this purpose a web link can be provided to all police station, updating about the latest inventory and the status of Malkhana every month, to ensure that if any action is required then it can be taken for proper maintenance. It added that this way it would at least keep all the police personnel responsible for the same, on guard. 

With respect to the merits of the bail plea said noted that it was Ahmed's fourth bail application. Noting that previous three bail pleas have been dismissed and his SLP also has been dismissed, the high court after observing that there was no change in the circumstances, dismissed Ahmed's bail plea. 

The high court however requested the trial judge to expedite the trial, given that the applicant had been in jail since January 6, 2023. 

Case title: Ansar Ahmed Versus The State Of Madhya Pradesh

Case no: MISC. CRIMINAL CASE No. 39537 of 2024

Citation: 2024 LiveLaw (MP) 249

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