Hyderabad: As many as 41 invalid visa and passport holders were identified and questioned by the city police during a cordon and search operation under the Banjara Hills police station limits on Saturday.
As many as 400 police officers under the supervision of deputy commissioner of police, west zone Joel Davis participated in the cordon and search operation.
While five suspects were detained for transactions related to narcotics substances, 29 vehicles that did not hold valid documents or numbers were seized. There were 3 four-wheelers, 1 three-wheeler vehicle and 25 two-wheeler vehicles that were seized.
Police also seized one air rifle and materials related to Hukka.
The term ‘Cordon and Search’ is a military usage which means to cordon off an area and search for weapons. However, the term as well as the very act of cordoning off and searching an area has now been borrowed by police officials who have normalised it.
In a fact finding report on Cordon and Search released by a group of activists from the city on November 19, 2021, it was observed that cases of drug consumption have been found across all classes. However, the pattern of raids was peculiar to the lower rung of the society alone.
Are Cordon and Searches legal?
As per Section 94 (Search of a place suspected to contain stolen property, forged documents. etc) of the Code of Criminal Procedure (CrPC), the police are empowered to conduct such searches.
However, Section 94 does not enable police to conduct searches by ignoring Section 165 of the CrPC. The Supreme Court invoking Sections 165 and 166 of the CrPc in State v. Rehman, AIR 1960 SC 210 stated that:
“As search is a process exceedingly arbitrary in character, stringent statutory conditions are imposed on the exercise of the power” Provision of Section 165 CrPC is enacted to enable police to take search when there is urgency and when it is not permissible to follow lengthy process, securing search warrant from Magistrate. The provision is not restricted to search of what is stolen or believed to be stolen and it permits the police officer to make search for anything necessary for the purposes of investigation into any offence.”
An activist from the city, who wished to remain anonymous, pointed out that these types of searches almost always happen only in areas where Muslims, SCs and STs live. “Hundreds of youngsters get caught taking, selling and buying drugs. So shouldn’t the police first check the homes of all those rich Banjara and Jubilee Hills people?”, the activist asked indignantly.
