Mumbai: The Mumbai police have not yet registered an FIR against four police personnel of Khar police station, who were shot on video camera planting drugs in a man's pocket and later arresting him for possession of 20 grams of mephedrone. Although the four police personnel have been suspended from duty no FIR has been filed against him even though the evidence against him is clear.
The four policemen - assistant inspector Vishwanath Ambule, constables Imran Shaikh, Sagar Kamble and Dabang Shinde - were seen in a video entering the premises of one Shahbaz Khan, 32, near Kalina masjid, and one of them could be seen planting the drug under the pretext of searching him.
On August 30, an assistant inspector and three constables in mufti from Khar police station suddenly arrived at Shahbaz Khan's livestock farm, where an individual named Daniel Estbeiro, 30, was working. The police accused Daniel of drug possession, and the officer placed 20 grams of mephedrone in Daniel's pocket while pretending to search him.
The entire incident was recorded on CCTV footage, which Khan reviewed and later made viral. After the footage went public, the Khar police released Daniel. Following the public outrage, deputy commissioner Raj Tilak Roushan suspended the four cops August 31.
Activist Aftab Siddiqui said had it been civilians found planting drugs, they would have been arrested, but in this case the four cops have only been suspended. Khan has been running from pillar to post urging senior police officers to register an FIR against the suspect cops, but in vain.
He has also demanded that the call data records of the policemen concerned be checked since it will reveal their links. The role of a builder at whose behest the drug was planted is yet to be investigated.
The legal community has raised concerns about this incident and is advocating for the Mumbai police to file a case against the policemen involved.
Advocate Satish Maneshinde, stated, "The four policemen, who are seen in a Video planting some substance on the person of 'a suspect' are clearly violating the law and carrying out an illegal search. No procedure under the NDPS (Narcotic Drugs and Psychotropic Substances) Act or relevant procedure under section 105 (recording of search and seizure through audio-video electronic means) and 106 (power of police officer to seize certain property) of the Bharatiya Nagarik Suraksha Sanhita 2023 have been complied with."
"The DCP (deputy commissioner of police) has suspended them pending enquiry. It does not take more than 2 hours to conduct such an enquiry and prosecute them under the existing laws. The higher ups need to look into this particularly when video recording of the incident, as long as it is authentic, is available. Such incidents are on the increase and strict action needs to be initiated immediately in order to have faith in Mumbai police," he said.
Advocate Prakash Salsingikar stated, "The police themselves can file a case against the suspected policemen under the NDPS Act and under the sections for forgery, cheating, and criminal conspiracy of the Bharatiya Nyaya Sanhita. Implicating someone falsely is a violation of their fundamental rights, including the right to a fair trial and protection against unlawful arrest and detention. Even if acquitted, the stigma of being associated with a criminal case can impact their family, social, and professional life."
He further added, "Such incidents erode public trust in law enforcement agencies. It is necessary to take strict action against all police personnel involved in such cases. Whenever we interact with inmates, they often disclose that they have been falsely implicated. Such incidents compel us to question the genuineness of every case."
A NDPS lawyer also mentioned that the police should file a case under sections 58 (Punishment for vexatious entry, search, seizure, or arrest) and 59 (Failure of officer in duty or his connivance at the contravention of the provision) of the NDPS Act.
In this case, the police themselves possessed the drugs and attempted to cheat an innocent individual, which is a serious offense. If the police prevent the filing of an FIR, it is also a crime, and a case can be filed against them for this as well. This is a serious offence because once someone’s name is associated with a drug case, they can be blacklisted from various aspects of life, including obtaining a passport, accessing bank services, and more.
