Delhi District Court
Ramesh Pathak vs State on 20 March, 2010
CRIMINAL REVISION NO. 12/2010.
RAMESH PATHAK VS STATE
THE COURT OF SHRI SANJAY KUMAR,
ADDITIONAL SESSIONS JUDGE - I,
DISTRICT NORTH WEST, ROOM NO. 308,
ROHINI COURTS, DELHI
CRIMINAL REVISION NO. 12/10.
U/S : 397 Cr.P.C.
RAMESH PATHAK
S/O. SHRI OM PRAKASH PATHAK,
R/O. H-4/1587-88,
JAHANGIRPURI,
DELHI. ... REVISIONIST.
VERSUS
STATE ... RESPONDENT
ORDER DATED 03.03.2010 PASSED BY SHRI ASHUTOSH
KUMAR, LD. ACMM, ROHINI COURTS, DELHI IN "FIR
NO.754/01, TITLTED AS STATE VS UNKNOWN PERSONS,
UNDER SECTION 304 IPC, PS-JAHANGIRPURI.".
Date of Institution : 03.03.2010
Arguments heard on : 18.03.2010
Order announced on : 20.03.2010
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CRIMINAL REVISION NO. 12/2010.
RAMESH PATHAK VS STATE
ORDER
1. Criminal Revision under Section 397 Cr.P.C. for setting aside the impugned order dated 03.02.2010 passed by Shri Ashutosh Kumar, learned ACMM, Rohini Courts, Delhi, preferred by Revisionist, Ramesh Pathak.
2. In brief the facts are that on 07.07.2001 at about 2.30 am midnight a call was received by PS-Jahangirpuri, regarding a dead body of main aged about 40 years is lying at Mukerba Chowk. The information was recorded vide DD No.7A and entrusted to SI Mahender Singh. The dead body was examined and searched. On personal search by the deceased a letter addressed to the commissioner of police was found in which name of Subhash Chand S/o. Brahmnand, R/o. A-1/72, Budh Vihar, was mentioned. Other facts were mentioned in the letter are that deceased had lend money on interest to one Babu Ram, Ramesh and Ramesh Pathak and these persons were not repaying the money. The letter also disclosed that deceased was undergoing financial crisis and on asking for return of money, he was threatened by these suspects. During investigation postmortem was conducted and stomach and : 2 : CRIMINAL REVISION NO. 12/2010.
RAMESH PATHAK VS STATE piece of small intestine were preserved for viscera report. According to Viscera Report Aluminum Phosphide and Ethyl Alcohol was found in the stomach and small intestine of the deceased. Further the pieces of liver, spleen and kidney also found containing Aluminum Phosphide and Ethyl Alcohol and sample blood given positive test for presence of Ethyl Alcohol on the basis of Viscera Report, which was opined that death in this case was because of respiratory failure on consumption of substance containing Aluminum Phosphide.
3. The Investigation Agency during the course of further investigation subjected the suspect persons to the Polygraph Test, but no concrete inference was drawn. After completion of the investigation untraced report was filed before the learned Trial Court. However, learned Trial court was not satisfied with the untraced report, therefore, order dated 21.7.2009 directed to conduct further investigation.
4. After the direction of the Court the Investigation Agency filed an application for conducting Narco Analysis Test of the suspect person before the learned Trial Court. Learned Trial Court decided the application of Investigation Agency vide impugned order dated 03.02.2010. The directions were given to : 3 : CRIMINAL REVISION NO. 12/2010.
RAMESH PATHAK VS STATE the suspects to undergo Narco Analysis Test. The impugned order is challenged before this Court.
5. In the Revision Petition inter alia grounds are taken that learned Trial Court passed the impugned order in routine and haste manner and without appreciating the facts and material on record and not applied the judicial mind. The learned Trial Court cited the judgment, which is totally different from the present case. Learned trial court failed to appreciated that investigation agency has concealed the material facts from the court. The application for conducting the Narco Analysis Test has been filed only to harass and humiliate the petitioner, who has been facing the inquiry for the last about 9 years. It is further stated that Polygraph Test has already been conducted upon the petitioner. The petitioner is a diabetic patient and having High Blood Pressure and aged about 54 years, therefore, the Narco Analysis Test was would affect the health of the petitioner. The petitioner had also not consented for the Narco Analysis Test. It is further pointed out that the Narco Analysis Test is conducted after injecting Sodium Pentothal or Sodium Amytal, which will adversely affect the sex, age, mental and physical health of the person. It is prayed that impugned order dated 03.02.2010 may be set aside.
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CRIMINAL REVISION NO. 12/2010.
RAMESH PATHAK VS STATE
6. I have heard Shri Ravinder Aggarwal, learned counsel for the Revisionist and Shri P.K. Verma, learned APP for the State and perused the record.
7. The learned Trial court in the impugned dated 03.02.2010 in detailed discussion the legality of Narco Analysis Test, relied upon judgment of our own Hon'ble High Court in Shailender Sharma VS State & Another, W.P. (Criminal) No. 532/08) decided on 14.11.2008, it is observed by the Hon'ble High Court that as per Section 53 Cr.P.C. the examination of a person includes examination by way of Narco Analysis Test as on test modern scientific techniques available to the Investigation Agency. It has statutory sanction. This test is an important aid in the process of investigation. It is further observed that this Narco Analysis Test is not violative of Article 20(3) of the Constitution of India. It is further observed that the Narco Analysis Test is an important base for further investigation or it may lead to collect further evidence.
8. Now applying the principles of law in the present facts and circumstances of the case. This case is under investigation for the last 9 years. It is a serious and grave offence of murder. The Investigation Agency collected the letter : 5 : CRIMINAL REVISION NO. 12/2010.
RAMESH PATHAK VS STATE received from the clothes of the deceased bearing the name of the suspects including the petitioner. The Polygraph Test shown to me by the IO during the course of the arguments. There are some areas which requires proper examination, which is not possible by the Polygraph Machine. The apprehension in the mind of the petitioner regarding his mental and physical health is there. It is made clear that the doctors are specialized in their field and if they satisfies all the parameters which are suitable and proper for conducting the Narco Analysis Test then only one can to be subjected Narco Analysis Test. In my opinion, in the present facts and circumstances of the case where the learned Trial Court rejected the Untraced Report of the Investigation Agency for further investigation Narco Analysis Test is legal, proper and does not violative of any constitutional rights of the petitioner. It is a step in the aid of the investigation.
9. On the basis of above observations and discussions I do not find any infirmity, illegality or inappropriateness in the impugned order dated 03.02.2010. Hence Revision petition is dismissed. Before parting with the Revision Petition learned Trial Court is directed to make correction in the impugned order and remove the word of "Accused", mentioned in the impugned order. It should be replaced with the word "Suspect". Parties are : 6 : CRIMINAL REVISION NO. 12/2010.
RAMESH PATHAK VS STATE directed to appear before the learned Trial Court on 26.03.2010 at 2 P.M. Trial Court Record be sent back to the trial court concerned alongwith attested copy of the order. Revision file be consigned to Record Room.
Announced in the Open Court (SANJAY KUMAR)
Dated : 20.03.2010 Addl. Sessions Judge-I(NW),
Room no. 308, Rohini Courts, Delhi
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