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7. To find out the truth, a lie detector test was conducted on the Petitioner/Accused and according to the police, the analysis of the same revealed deceptive responses on behalf of the Petitioner/Accused. It was only thereafter that the police filed an application seeking a direction from the Court to direct the Petitioner/Accused to undergo Narco Analysis Test.

8. The Metropolitan Magistrate vide his order dated 28th March, 2008 allowed the application of the prosecution and directed the Petitioner/Accused to undergo the Narco Analysis Test.

―By order dated 16th December, 2003, passed in Special Criminal Application No.1200 of 2003, the High Court directed that narco test of the accused-petitioner Jitubhai Babubhai Patel be conducted at the earliest and not later than fifteen days from the date of the receipt of the application submitted by the Investigating Officer. It seems that pursuant to the said order, the Investigating Officer addressed a letter to the petitioner for remaining present on 22nd December, 2003 for narco test. On receipt of that letter, some telegrams were sent by the accused to the learned Judges. In the impugned order dated 26th December, 2003, the High Court has rightly deprecated the practice of sending telegrams to the Judges but left the matter at that without taking any further action. The order, however, reiterates the earlier directions dated 16th December, 2003 about conduct of narco test. The main question for consideration in these petitions is whether narco test can be conducted without the consent of the petitioner. Insofar as the present case is concerned, the respondent-State, on affidavit, has taken the stand that it does not want to conduct the said test without the consent of the petitioner. Mr.Lalit, learned senior counsel appearing for the respondent, reiterates that stand and submits that the narco test in the present case would be conducted only if the petitioner consents. Learned counsel for the petitioner objects to the said test and states that the petitioner is not willing to give his consent.

26. Thus, the term "examination of a person" in terms of Section 53 Cr.P.C. takes within its ambit the examination of a person by way of a Narco Analysis Test as it is a modern and scientific technique. Consequently, Section 53 Cr.P.C. provides statutory sanction for the Narco Analysis Test and, in my view, the said test is an important aid in the process of investigation.

27. As far as the issue as to which authority can conduct the test is concerned, I am of the view that it can be done at the instance of a police officer investigating the case not below the rank of a Sub Inspector subject to satisfaction of a registered Practitioner. However, I am of the view that prior permission of the concerned Criminal Court has to be obtained which, needless to say, will grant permission only if the request is reasonable in the facts and circumstances of the case. It is pertinent to mention that even some High Courts have held this permission to be an additional safeguard. In the present case as in the initial lie detector test (according to the Prosecution) the Petitioner has given deceptive responses, I am of the opinion that the trial court has rightly exercised its discretion in allowing the Prosecution‟s application seeking the Petitioner to undergo Narco Analysis Test.

38. In my opinion, the Narco Analysis Test is a step in aid of investigation. It forms an important base for further investigation as it may lead to collection of further evidence on the basis of what transpired during such examination. The use of Narco Analysis is of particular relevance in the context of terrorism related cases, conspiracy to commit murder and other serious offences where the Investigating Agencies do not have vital leads.

39. Therefore, having regard to the proliferation of crimes against society, it is necessary to keep in mind the necessity of the society at large and the need of a thorough and proper investigation as against individual rights while ensuring that constitutional rights are not infringed. Consequently, in my opinion, the Narco Analysis Test does not suffer from any constitutional infirmity as it is a step in aid of investigation and any self-incriminatory statement, if made by the accused, cannot be used or relied upon by the prosecution. The present petition is disposed of in the above terms and the Petitioner is directed to undergo the Narco-Analysis Test within a period of eight weeks from today. The Investigating Officer will intimate the date and time of the Test to the Petitioner/Accused.