Madhya Pradesh High Court calls for maintenance of police station malkhanas after rats destroy evidence

Following an incident where rats destroyed evidence at a police station, the Madhya Pradesh High Court recently directed the Director General of Police (DGP) to ensure the proper maintenance of 'malkhanas' (evidence storage rooms) in all police stations to prevent such occurrences in the future.

Justice Subodh Abhyankar directed that all police stations should be provided with a web link to update their latest inventory and the status of the Malkhana on a monthly basis.

"In such circumstances, it is directed to the Director General of Police to take stock of all the Malkhanas of all the police stations, so as to ensure that such incidents are avoided in future in other police stations. For this purpose, a web link can also be provided to all the police stations, updating the latest inventory and the status of Malkhana every month, viz., if any action is required to be taken to ensure its proper maintenance, which would at least keep all the police personnel responsible for the same, on their guards," the Court said in its order of October 4.

The issue gained attention during the Court's consideration of a bail application filed by one Ansar Ahmad accused of assaulting his wife in August 2021, resulting in injuries to her head, hand and spine.

During the hearing, Deputy Commissioner of Police (DCP) Abhinay Vishwakarma and Station House Officer (SHO) Chandrakant Patel from Vijay Nagar police station informed the Court that rats damaged plastic cans containing viscera during the rainy season.

This led to the destruction of crucial evidence, thereby preventing the the police from obtaining histopathological report.

Additionally, they highlighted that 28 other samples were also destroyed by the rats.

The Court was further informed that a departmental inquiry has been initiated against former SHO Ravindra Singh Gurjar and Malkhana in-charge Suresh Chandra Mehta for their lapses.

The Court was also told that department has acknowledged the destruction of evidence and has relocated the seized materials and the Malkhana to a different room and has also implemented additional precautions to sanitize and seal the area.

The Court said that though valuable evidence has been destroyed no further order would be required in the case.

"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," the order said.

The Court also said police officers should have considered all relevant factors to protect the seized materials during the investigation.

While nothing can be done about the lost evidence, this incident has highlighted the poor conditions under which investigation materials are stored in the state's police stations, it added.

"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 said.

With respect to the bail application, the Court dismissed the plea while asking the trial judge to expedite the case.

"However, the learned Judge of the trial Court is requested to expedite the case, looking to the fact that the applicant is lodged in jail since 06.01.2023," the single-judge directed.

Advocate Geetanjali Chaurasia appeared for the accused.

Government Advocate Vishal Singh Panwar appeared for the respondent.

[Read Order]