HC favours digital evidence for vehicle identification

In a significant ruling aimed at addressing the mounting issue of seized vehicles languishing in police stations for years, the Punjab and Haryana High Court has held that retaining vehicles in police possession for prolonged periods “is not going to serve any purpose.” The court said the solution lay in recording high-quality videos and photographs of the vehicle, which could then be shown to victims or witnesses for identification.

“The solution is to record a video of the vehicle and to play the same to the victims/witnesses, so that it can be easily identified. Needless to say, digital evidence can be stored indefinitely simply by upgrading the technology,” the Bench observed.

It also ordered the forwarding of the judgment to all judicial officers across Punjab, Haryana, and the Union Territory of Chandigarh. At the onset, the Bench made it clear that the ruling “deals only with the release of vehicles and none else, and that too only those vehicles which are not required to be confiscated under any Statute or Judicial Orders.”

“This court earnestly believes that the district judiciary, while adjudicating the applications for the release of vehicles which are not required to be confiscated under any Statute or judicial orders, shall not reject the applications for release except by mentioning the reasons and distinguishing the pronouncements of the Supreme Court, and the observations made in this order. Needless to say, while allowing the application for release, it shall be open to refer to this order,” the Bench said.

The directions came as the Bench set aside orders passed by a Judicial Magistrate and an Additional Sessions Judge, Gurugram, refusing the release of a car allegedly used in an assault case. It ordered the vehicle’s release would be conditional on compliance with specific steps within 60 days.

Among the conditions prescribed, the court mandated that a forensic examination and mechanical inspection of the vehicle be conducted, if required, by the investigating agency. It directed that photographs of the vehicle be taken from all angles, including close-ups of the chassis and engine numbers, with copies made available to the court, the investigating officer, the claimant, and the accused.

Alternatively, the court permitted the preparation of high-quality video recordings “from all directions, also from opening the bonnet and cabin, including chassis number and the engine number,” to be stored in sealed digital devices supplied by the petitioner and uploaded on the investigating agency’s official webpage.

The petitioner before the Bench was further required to file an affidavit establishing ownership or authorization to seek release of the vehicle. The court ordered that the original registration certificate be returned to the applicant after retaining an authenticated copy for record.