Special Judge Flags Unnecessary Harassment of Arrested Persons, Orders SSP Jammu to Issue Circular to All Police Stations
JAMMU, SEPTEMBER 16 :
The Special Judge (NDPS Cases), Jammu, has issued significant directions to police authorities regarding the handling and release of personal belongings recovered from arrested persons during personal searches, observing that such items should not be unnecessarily retained or made subject to separate court orders when they are not case property.
The directions were passed by the Court of Special Judge (NDPS Cases) Jammu, Parvaiz Iqbal, in File No. 121/2026, concerning an application seeking release of an Apple iPhone and a wallet taken into safe custody at the time of arrest. The matter relates to FIR No. 38/2026 registered at Police Station Peer Mitha, Jammu, under Sections 8/21/22/29 of the NDPS Act. The order was passed on September 16, 2026.
The applicant had sought release of an orange-coloured Apple iPhone and a black BMW-marked wallet, contending that both were his personal belongings and had not been seized as case property. The Court noted that there was no seizure memo concerning the articles and that they were reflected only in the personal search memo, or ‘Fard Jama Talashi,’ prepared at the time of arrest.
COURT DISTINGUISHES CASE PROPERTY FROM PERSONAL BELONGINGS
The Court explained that articles recovered during the personal search of an arrested person may fall into two distinct categories: case property, which is seized because of its direct connection with the crime under investigation, and personal belongings/non-case property, which are merely kept in safe custody.
According to the order, articles having no connection with the alleged offence and taken into safe custody do not require a separate court order for release. Such belongings are required to be returned to the arrested person when he or she is released on bail.
COURT EXPRESSES CONCERN OVER REPEATED APPLICATIONS
The Court expressed serious concern over what it described as a practice whereby arrested persons are compelled to approach courts for release of personal belongings that were never seized as case property.
The Court observed that forcing applicants to obtain separate release orders for such belongings is unfair, arbitrary and causes unnecessary hardship, while also increasing the workload of courts and consuming judicial time that could otherwise be devoted to more important matters.
DIRECTIONS TO ALL POLICE STATIONS IN JAMMU DISTRICT
To prevent the practice, the Court issued general directions to all police stations of District Jammu in cases involving offences under the NDPS Act.
Investigating Officers have been directed to clearly classify articles recovered during personal searches at the time of arrest into two categories:Case Property: Items seized as case property under the applicable provisions.Personal Belongings/Non-Case Property: Items taken into safe custody during ‘Jama Talashi’ but not seized as case property.
The Court directed that case property can be released only pursuant to an appropriate release order, whereas personal belongings are to be returned directly to the arrested person at the time of release without requiring the person to obtain a separate court order.
WALLETS, KEYS, ATM CARDS AND DRIVING LICENCES TO BE RETURNED
The Court specifically reiterated that articles such as wallets, keys, ATM cards and driving licences, when recovered during ‘Jama Talashi’ and not seized as case property, should be released immediately once the accused is granted bail.
The Court held that the safe custody of such personal belongings ends when the custody of the accused comes to an end following the grant of bail.
SSP JAMMU ASKED TO ISSUE CIRCULAR
The Special Judge directed the Senior Superintendent of Police (SSP) Jammu to forthwith issue a circular to all police stations across Jammu District, instructing them to follow the applicable legal provisions in letter and spirit.
The Court also directed police authorities not to introduce procedures that cause unnecessary inconvenience to people or add avoidable workload to the judiciary.
The application was accordingly disposed of, with the directions announced by the Special Judge, NDPS Court, Jammu, on September 16, 2026.(KNC)