Indian Kanoon - Search engine for Indian Law

56. The editing is clearly visible to the naked eye and to find out the evident editing even an expert may not be necessary. I could not find even a single CD which is unedited. I am not prepared to place any reliance upon the contents of the CDs on Narco Analysis or the reports submitted by Dr.Malini, for the reasons stated above. I have no doubt that if reliance is placed on the CDs made available to this court, the court and the investigator will go wrong in making conclusions. I am making these observations because the court is entitled to monitor investigation, as held in Sakiri Vasu V. State of Utter Pradesh and others (2008) 2 SCC 409). Therefore, it is necessary that the investigator takes all steps to retrieve the unedited original video containing Narco Analysis of all the accused, before he proceeds any further to act upon those CDs. I have no doubt that the edited and manipulated CDs and report on Narco Analysis by Dr.Malini may mislead the investigation."

"5. That, pursuant to the receipt of the Report of C-DIT, Trivandrum of the said 3 Narco video cassettes, further investigation was conducted by me at FSL, Bangalore from 29-6-2009 to 04-07-2009. The inventory of all the video cassettes available at FSL, Bangalore in various cases of the Narco Analysis tests, was drawn up by me in the presence of the independent witnesses, through the proceedings on 01-07-09. No cassettes or CDs relating to this case were found. The Hard Disc of the Computer into which the 3 video tapes of the Narco

- 10 -

analysis tests on A-1 to A-3 were downloaded by Dr.S.Malini, then Asst. Director for burning into the Compact Discs and also the Hard Disc of the Computer used for the preparation of the Narco analysis report of A-1 to A-3 were also seized by me on 02-07-09, through proceedings in the presence of the independent witnesses. The said two proceedings have also been filed before the Hon'ble CJM, Ernakulam. The statements of Dr.S.Malini, Dr.Sreekantamurthy T.N., Prof. and Head, Deptt. Of Anesthesiology, Bangalore Medical College, Bangalore; Ms.N.Krishnaveni former Electro Encephalograph Technician; Sri.Pravin P.Barigadad, Scientific Asst. were also recorded regarding the conduct of the Narco analysis tests and the videography. It is revealed from the investigation that none of the above officials are trained in Videography. As stated by them, the Videography is not done continuously, since the subject slips from the trance stage to the conscious stage or the deep sleep stage and vice versa, and the revelations made in trance stage of the subject only are recorded. Hence the video recording is not continuous, in none of these 3 tapes or of any other Narco analysis tests in other cases, as spoken to by the above mentioned officials. Dr.S.Malini has also denied that she had edited the video tapes and further stated that the video tapes contain the original recordings. 

- 11 -

6. That the averments in Para No.3 are not fully correct. The sincere efforts made by me in this respect with the assistance of CBI, ACB, Bangalore have already been discussed in para No.4. The proceedings dt. 01-07-09, 02-7-09, at FSL, Bangalore would establish the impartial and professional investigation by the CBI.

7. With respect to the averments made in Para No.4, Dr.S.Malini, Ms. Krishnaveni, who videographed the Narco analysis tests of A-1 to A-3 have given statements to the effect that no editing was done by them, vide statements dt.6.2.09, 30.6.09 and 4.7.09 in respect of Dr.S.Malini, and the statements dt. 5.2.09 and 3.7.2009 of Ms.Krishnaveni. The statements of Dr.Sreekantamurthy T.N. Dated 6.2.2009 and Sri.Pravin.P Barigadad, Scientific Asst. dated 3.7.2009 regarding the conduct of the Narco analysis tests and the videography, including that of A-1 to A-3 in this case, corroborates the evidence of Dr.S.Malini and Ms.Krishnaveni. Dr.S.Malini has confirmed that the 3 video cassettes which were handed over by her on 05-02-09, and seized by me under a "Receipt Memo", were the originally recorded Narco analysis test video cassettes. The said 3 video tapes have already been submitted before the