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3. Ld counsel for the accused in support of his contentions has placed reliance upon the case of Jeetu Bhai Babu Bhai Patel Vs. State of Gujarat (2005) 10 SCC 545. In the said case, this question of narco analysis was Order in State Vs. Surender Sehlot FIR no. 132/08 / PS EOW / dtd. 28/2/09 pg 1 of 5 not addressed in view of submission by the State that in that case test would not be conducted without consent of accused, therefore, the said case is of no help to the accused. Ld. Counsel for the accused argued that the said judgement would show that Hon'ble Supreme Court was of the view that consent is necessary. No such observation was made in the said judgement rather the question was left open to be decided in appropriate case. Ld. counsel for the accused then argued that in SLP Cri No. 5846/06 dated 20-11-2006, SLP Cril no. 6093/07 dated 05-10-2007 the Hon'nle Supreme Court stayed the conducting of narco analysis test in other cases. Operation of stay in other cases cannot be read as a general embargo in all the investigations to be conducted throughout India in which narco analysis is to be conducted. These orders are also of no help to the accused.

8. So far as the contention that asking the accused to go through narco analysis test would tantamount to send him to police custody, it does not hold any force since a narco analysis test can be conducted even when an accused is in Judicial custody and merely because during Judicial Custody narco analysis test is permitted to be conducted that does not amount to sending the accused to police custody.

9. Therefore legal position as on today is that a narco analysis test can be conducted and there is no violation of Article 20 (3) of the Constitution of India and Section 161 Cr. P. C. Consent of accused is also immaterial since in the case cited above wherever narco analysis test was conducted, it was without consent. It is also well settled now that even in grave economic offences a narco analysis test can be conducted if the facts and circumstances of the case justifies such a narco analysis test to be conducted.

10.The question, however which still remains to be addressed in this case is, whether in the facts and circumstances of the case narco analysis test of the accused is justified or not.

11.Brief facts of this case are that it is alleged against the accused that he forged one Will dated 25-03-2006 purportedly executed by deceased Lt.

Order in State Vs. Surender Sehlot FIR no. 132/08 / PS EOW / dtd. 28/2/09 pg 3 of 5 Col T. C. Prabhakhar. Vide the said Will allegedly the deceased bequeathed all his movable and immovable properties in favour of the applicant who is not even related to the deceased. The immovable properties include three properties located in posh colonies in New Delhi. Son of the deceased has lodged the present complaint. It is also the case of the Investigating Agency that the alleged forged Will in original was filed by the accused in a probate petition in Tis Hazari seeking probate in his favour. Before arrest of accused, the said Will was sent to handwriting expert and a report was received from handwriting expert which is not in favour of investigating agency. It is also informed that the Ld. Probate Court declined an application by the Investigating agency to send the original Will once again to handwriting expert.

12.The Will i.e. the alleged forged document is available on the probate file and the investigating agency has already obtained its certified copy. As mentioned above even handwriting expert's opinion has been sought which has been received and which do not support the investigating agency. Besides the accused who is in custody, the investigating agency suspects the two witnesses who allegedly witnessed the execution of Will. Those two witnesses have already obtained protection from Hon'ble High Court against their arrest. Thereby meaning that the identity of the suspects/accused is already in the knowledge of the investigating agency. The forged document is also available which is not to be recovered. The accused was admittedly kept in police custody for four days. In such circumstances, this court do not find any sufficient reason as to why permission should be granted for conducting narco analysis on the accused. In the application for narco analysis by the IO the ground mentioned for seeking such a permission is that the accused is not coming out with the truth and he was giving evasive replies regarding preparation of Will and names of other conspirators. A case of forgery like the present one, is primarily based on the document itself and also on the witnesses to the execution of document. When these things are already available and nothing could be found by the investigating agency during police custody of the accused for as many as 4 days, I do not see any justification as to what purpose would be served by conducting narco analysis. An investigating agency cannot say that other conspirators are to be found without there being any basis to show that any other person Order in State Vs. Surender Sehlot FIR no. 132/08 / PS EOW / dtd. 28/2/09 pg 4 of 5 is even involved. What truth can be taken out from narco analysis when the document is available, specimen handwriting and signature of accused has been obtained, admitted signatures of deceased are available? In a case of forgery what is important for the investigating agency is to show as to whether the document are forged or not and if yes, who forged it. The manner of forgery i.e. Which pen was used or which typewriter or computer was used and how the forgery was conducted are immaterial. For these things narco analysis test cannot help at all. It is not a case of murder, rape or terrorist activities or any other heinous offence which can justify conducting narco analysis on the accused. It is also not a blind case where the investigating agency has absolutely no clue about the offender. Rather the evidence which is basically documentary in nature and oral in nature is already available. There is no reasonable basis shown to me as to other persons involvement, if any. In case such narco analysis application on the ground that truth is to be found or involvement of other accused is to be learnt, then I am afraid in every criminal case howsoever small case it may be, narco analysis test will have to be conducted simply because police want to find out truth and involvement of unknown persons.