Gujarat High Court
Jaisukh Ramjibhai Luhar vs State Of Gujarat on 1 August, 2022
Author: Nirzar S. Desai
Bench: Nirzar S. Desai
R/SCR.A/7984/2020 ORDER DATED: 01/08/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 7984 of 2020
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JAISUKH RAMJIBHAI LUHAR
Versus
STATE OF GUJARAT
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Appearance:
MR ASHISH M DAGLI(2203) for the Applicant(s) No. 1,2,3,4,5,6,7
MS MAITHILI MEHTA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI
Date : 01/08/2022
ORAL ORDER
1 By way of this petition, the petitioners have prayed to quash and set aside the order dated 4.11.2020 passed by the 9th Additional Sessions Judge, Bhachau, District Kutch below application dated 27.10.2020 of the Deputy Superintendent of Police seeking permission to conduct Polygraph test or Narco test upon the petitioners.
2 Mr.Ashish Dagli, learned advocate for the petitioners states that the petitioners were never ready and willing to undergo Polygraph Test or Narco test. Despite that fact the impugned order dated 4.1.2020 was passed by the 9th Additional Sessions Page 1 of 3 Downloaded on : Wed Aug 03 21:32:01 IST 2022 R/SCR.A/7984/2020 ORDER DATED: 01/08/2022 Judge, Bhachau, District Kutch. It is further submitted that the petitioners have even objected to the application for Polygraph test or Narco Test even before the learned Sessions Judge, however, the learned Sessions Judge passed order granting permission to the prosecution to conduct Polygraph Test or Narco test of the petitioners subject to the observations made by the Hon'ble Supreme Court in the case of Selvi & Ors. vs. State of Karnataka reported in 2010(2) GLH(SC) 357, more particularly observations made in paras 223(1), 223(2), 223(7) and 223(8).
3 Learned advocate Mr.Dagli states that once the present petitioners have shown their disagreement for undergoing Polygraph Test or Narco test, the learned Sessions Judge ought not to have passed the impugned order even conditionally. He, therefore seeks permission to withdraw this petition, at this stage, with a view to prefer appropriate application seeking clarification that whether under the guise of the impugned order the petitioners will be compelled to go for Polygraph test or Narco test or not. Page 2 of 3 Downloaded on : Wed Aug 03 21:32:01 IST 2022
R/SCR.A/7984/2020 ORDER DATED: 01/08/2022 4 Permission as prayed for is granted. This petition stands disposed of as withdrawn. It is made clear that this Court has not gone into the merit of the matter. However, while deciding the application for clarification, the trial Court is directed to consider the objections of the petitioners as well as the law in respect of Polygraph test or Narco test and pass appropriate in accordance with law.
(NIRZAR S. DESAI,J) P. SUBRAHMANYAM Page 3 of 3 Downloaded on : Wed Aug 03 21:32:01 IST 2022