Plea Before Supreme Court Seeks Release Of Oxygen Cylinders, Remdesivir, Oximeters Lying In Judicial Custody Across Police Stations In The Country

A PIL has been filed before the Supreme Court seeking directions for release of all oxygen cylinders ,Remdesivir ,oximeter and all such essential equipments lying in Judicial custody of all the police stations across the country


The plea has sought their release after compliance with the formalities of of the Code of Criminal Procedure, as they required for treatment Covid patients .


The plea filed by a law student, and an Advocate has sought directions for seizure memo along with videography and photography of those seized properties and their release considering the prevailing situation.


The petitioners have urged the court to issue directions to respondents to make arrangement for releasing of such seized properties essential for covid treatment in future till this covid pandemic subsists.


The petitioners Mr Shrikant Prasad and Mr RajKishore Prasad have stated that considering the unavailability of these equipments in markets due to black-marketing and other reasons, and their utmost necessity in saving lives, these confiscated products should be released through a general directions to all states.


According to the petitioners, while the entire country is in utmost need of these products, the procedure under CrPC for their release is time taking, as the police officer has to apply to magistrate or higher courts for release. Further, since due fo covid, no one has the time to apply for each and every case, ultimately these essentials remain with the malkhana of police stations.


The plea has stated that the Right to life under article 21 also gives the right to proper medical treatment and the ultimate objective of the art 21 is of saving lives as well. Further, in the case of Parmanand kataria vs union of india, the top court had held that right of medical treatment without going through any formalities is foremost right of person .


The petitioners have also cited similar directions issued by Allahabad high court and Jharkhand high court for release all such essential equipment by considering the sec 451 CrPC.


The petitioners have argued that keeping these equipments in custody for long time will not fulfil the objective of either the CrPC or the Constitution, as lives can be saved by their release in the name of government immediately after seizure.


It has been argued that there is no necessity of keeping such essential equipments for the long time till trial goes against such accused ,as these are perishable and essential for saving lives during this 'havoc situation of country'. Further, it will not breach any rights of offenders and in case of their acquittal, the state can provide them the cost of their equipment as per market price.