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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.

9. Mr. R.S. Sodhi, learned Counsel for Petitioner/Accused has argued at length as to how the Narco Analysis Test was evolved and as to what are its ingredients. Mr. Sodhi termed the test a „psychological third degree test‟ which has several side effects. According to him, one cannot vouch for reliability of such a test.

10. Mr. Sodhi further submitted that Narco Analysis Test is nothing but compelling an accused to give a statement against him and consequently constitutional protection of right of silence as contained in Article 20 (3) of the Constitution comes to the aid of the accused persons. In this context Mr. Sodhi relied upon the judgment of the Apex Court in Nandini Satpathy Vs. P.L. Dani & Another reported in (1978) 2 SCC 424, wherein it has been held as under:-

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.