Accused can be given copy of Seizure Mahazar since it is a public document: Kerala High Court

The Kerala High Court recently held that there is no bar on issuing a copy of a seizure mahazar (a seizure memo) to an accused person since it becomes a public document once it is prepared and sent to court [Shibu J v. State of Kerala]..Justice PV Kunhikrishnan also observed that the issue of a copy of the seizure mahazar to the accused may also be necessary for the accused to build his case at the stage of filing a bail application.."I am of the considered opinion that, once the seizure mahazar is prepared and sent to the court, it is a public document. There is no bar in issuing a certified copy of the seizure mahazar to an accused especially because the same is necessary for him to mould his case at the stage of filing the bail application also," the Court said in its October 30 order. .The Court was considering a petition filed by one Shibu J (petitioner) challenging the decision of a Sessions Court denying his request for a copy of the seizure mahazar..The petitioner was accused of possessing commercial quantities of ganja (155.480 kgs) and MDMA (70.71 grams) in violation of the Narcotic Drugs and Psychotropic Substances Act,1985 (NDPS Act).A Sessions Court had earlier dismissed his application for a copy of the seizure mahazar on the ground that it was not necessary for him to file a bail application. However, before the High Court, the petitioner's lawyer asserted that the seizure mahazar was required to understand the case and press for bail. The lawyer also pointed out that in an NDPS case, the accused has to show that he is not prima facie guilty in order the secure bail..The High Court, after analysing Rules 222 and 225 of the Criminal Rules of Practice applicable in Kerala, observed that even copies of correspondence or of proceedings that are confidential or that are not strictly judicial documents can be obtained after getting orders from the court..Justice Kunhikrishnan went on to hold that the seizure mahazar, which is a signed document, can be given to the accused on usual terms after the payment of the necessary fee..Therefore, he set aside the Sessions Court order and allowed the plea of the accused. "As far as an accused is concerned, he has to mould his case at the stage of bail application itself for which the F.I.R and seizure mahazar may be necessary especially when the case alleged is very serious. In this case, the allegation against the petitioner is that, he was found in possession of commercial quantity of ganja and MDMA. In such circumstances, denial of a copy of the seizure mahazar is illegal," the Court said. .The petitioner was represented by advocates MJ Santhosh, Renjith B Marar, Antony Paul, Lakshmi N Kaimal, Abhijith Sreekumar, Arun Poomulli, and Anand Remesh.The State was represented by Public Prosecutor Sreeja V..[Read Order]