The presence of a seizure list witness is of utmost importance in the investigation and trial of a case, serving as a critical link between the evidence collected during the investigation and its presentation in court. Their role is vital in establishing the authenticity, integrity, and chain of custody of seized items, which are essential for ensuring a fair and just legal process.

The police have the authority to conduct a search and seize items either on their own accord under section 165 of the CrPC or with a court-issued warrant under section 93 CrPC. The police officer must create a list during the time of seizure or recovery, with the presence of two or more impartial witnesses, and have these witnesses sign the list. A similar list is also made for any item or cash that is handed over to the police by an individual.

In legal proceedings, a seizure list witness is an individual who witnesses the seizure of items during a police investigation or raid. Their primary duty is to verify the seizure of specific items listed in the seizure memo. or panchnama prepared by the investigating authorities.

Role in Evidence Collection:

Seizure list witnesses play a pivotal role in the collection of evidence. They are present at the scene when items are seized, ensuring transparency and accountability in the process. Their presence helps prevent tampering or manipulation of evidence, thereby maintaining its integrity.

Establishing Chain of Custody:
One of the critical functions of a seizure list witness is to establish the chain of custody of seized items. They provide testimony regarding the handling and storage of the evidence from the time of seizure until its presentation in court. This ensures that the evidence is admissible and has not been tampered with or altered.

Importance in Court Proceedings:

During trials, seizure list witnesses are essential in establishing the authenticity and credibility of the evidence presented. Their testimony helps establish a clear chain of custody, making the evidence more reliable and admissible. In cases where the evidence is crucial to the outcome of the trial, the testimony of the seizure list witness can make or break the case.

Confirming the Authenticity of Evidence:

• By signing the seizure memo or panchnama and attesting to the seizure of specific items, seizure list witnesses validate the evidence. Their testimony corroborates the details recorded by the investigating authorities, bolstering the credibility of the evidence presented in court.

Ensuring Accuracy of Seized Items:

• Seizure list witnesses verify the accuracy of the items listed in the seizure memo or panchnama. They ensure that all relevant items seized during the investigation are accurately documented, preventing any omissions or discrepancies that could compromise the case.

Establishing Admissibility of Evidence:

• The testimony of seizure list witnesses is crucial in establishing the admissibility of seized items as evidence in court. Their presence and testimony provide assurance to the court regarding the legitimacy and authenticity of the evidence, enhancing its probative value.

Protecting against Contamination or Alteration:

• The seizure list witnesses act as safeguards against contamination or alteration of evidence. Their presence at the scene of seizure and subsequent testimony help maintain the integrity of the evidence chain, minimizing the risk of tampering or manipulation.

Cross-Examination in Court:

• During the trial, seizure list witnesses may be subjected to cross-examination by the defense counsel to test the accuracy and reliability of their testimony. Their responses under cross-examination contribute to the overall evaluation of the evidence and credibility of the prosecution's case.

Impartiality and Neutrality:

• Seizure list witnesses are expected to remain impartial and neutral throughout the investigation and trial process. Their role is to provide factual testimony based on their observations and knowledge, without bias or prejudice towards any party involved in the case.

Legal Requirements and Procedures:

• The presence of witnesses on a seizure list and their adherence to legal requirements and procedures are crucial for upholding the principles of natural justice and due process in an investigation and subsequent trial. Their testimony is a vital component of the evidence presented, shaping the outcome of the case.

Preservation of Evidence Integrity:

• One of the key roles of seizure list witnesses is to preserve the integrity of evidence. They carefully document the details of seized items and their handling, creating a record of the evidence chain. This documentation promotes transparency and accountability in the judicial process.

Confidence in Judicial System:

• Furthermore, the presence of seizure list witnesses instills confidence in the judicial system. Their involvement in evidence collection reinforces the idea that legal proceedings are conducted with fairness, impartiality and adherence to established legal principles.

Protection against False Claims:

• Seizure list witnesses also provide protection against false claims or allegations regarding the seizure and handling of evidence. Their testimony serves as a reliable source of information, deterring any attempts to undermine the integrity of the investigation.

Facilitating Fact Finding:

• The testimony of seizure list witnesses plays a critical role in fact-finding. Their firsthand accounts of the seizure process provide the court with detailed descriptions and observations, establishing the context and circumstances surrounding the seizure. This information aids the court in making informed decisions.

Contributing to Conviction or Acquittal:

• Playing a crucial role in the outcome of a case, the testimony of seizure list witnesses holds significant weight during the trial of the case. Their reliability and credibility can either strengthen the prosecution's case, leading to conviction, or cast doubt on the evidence, resulting in acquittal.

Compliance with Legal Standards:

• In addition to their impact on the verdict, the involvement of seizure list witnesses also ensures compliance with legal standards and procedures governing the seizure and handling of evidence. Their adherence to established protocols enhances the legitimacy and reliability of the evidence presented in court, upholding the principles of justice and fairness.

Enhancing Public Confidence:

• The presence of seizure list witnesses and their adherence to ethical standards and legal requirements serve to enhance public confidence in law enforcement agencies and the judicial system. By promoting transparency, accountability, and fairness, they contribute to the overall credibility of the justice system.

Safeguarding Rights of Accused:

• Furthermore, seizure list witnesses play a crucial role in safeguarding the rights of the accused by ensuring that evidence is collected and handled in accordance with legal standards. This helps prevent miscarriages of justice and promotes fairness and transparency in the investigation and trial process.

Professionalism and Competence:

• Finally, seizure list witnesses are expected to demonstrate professionalism and competence in carrying out their duties. With their training and expertise, they are able to fulfill their responsibilities effectively, contributing to the smooth functioning of the investigative and judicial processes.

Continual Improvement and Accountability:

• The engagement of seizure list witnesses fosters a continuous drive for improvement and responsibility within law enforcement agencies and the legal system. Through their input and experiences, policies and procedures can be reformed to enhance the quality and reliability of investigations and trials.

Seizure List Witness Failing to Depose Properly in Court:
When a witness does not give accurate evidence about a seizure in court, there can be multiple ramifications. Firstly, the trustworthiness of the testimony and the entire case may be put into doubt. If the information is not correct or is missing important details, it can create uncertainty about the truthfulness of the witness's account, potentially weakening the prosecution's argument.

Secondly, if vital information about the seizure is left out or misrepresented, it can impede the court's ability to make an informed decision. This could result in an unjust outcome for either the prosecution or the defense.

Moreover, if the witness's testimony is deemed unreliable, it could affect future cases where they are called to testify, as both the prosecution and the defense may question their credibility.

Additionally, the witness may face legal consequences for committing perjury or showing contempt of court if it is proven that they intentionally gave false or misleading testimony.

However, it is also true that in some cases people who don't know anything about the seizure or don't want to stand as seizure witness are forced to sign on the seizure list by the investigating officers. Some cases of improper and illegal seizure also create doubt on sincerity and integrity of the investigating officers.

Overall, the consequences of a witness failing to provide proper evidence in court about a seizure can range from undermining the current case to damaging the witness's credibility to exposing the slipshod and untruthful investigation of the case.

Conclusion:
Ultimately, the role of seizure list witnesses is crucial in the investigation and trial process, as their presence, testimony, and adherence to legal standards and procedures are necessary for ensuring the validity, integrity, and admissibility of evidence in court. By upholding the principles of equity, transparency, and accountability, seizure list witnesses play a vital role in upholding the integrity and credibility of the justice system, which in turn promotes public trust and confidence in the rule of law. Many cases succeed or fail during trial depending on the success or failure of seizure witnesses.

Written By: Md.Imran Wahab, IPS, IGP, Provisioning, West Bengal
Email: [email protected], Ph no: 9836576565