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Showing contexts for: narco analysis test in Louis vs State Of Kerala on 19 November, 2021Matching Fragments
Dated : 19th November, 2021 C.R.
1. The only question for determination in this Crl.M.C is whether the petitioner/accused has got any right to seek himself to be subjected to Narco Analysis Test. The impugned order has been passed by the Fast Tract Special Judge, Thrissur in S.C.No.160/2015 in a petition filed under Section 45 of the Indian Evidence Act,1872 and Section 293 of the Code of Criminal Procedure,1973 to subject the accused to Narco Analysis Test.
20. Hence even if the petitioner voluntarily submits for subjecting himself for Narco Analysis Test, there is no guarantee that the statements would be voluntary. So even if the court permits the petitioner to undergo a Narco Analysis test, it has no acceptability in the eye of law.
21. The learned counsel for the de facto complainant brought to my attention Vipin Kushwaha v. The State of M.P. in M.Cr.C.No.11699/2021 dated 6.9.2021 of Madhya Pradesh High Court. That was also a petition filed under Section 482 of the Code aggrieved by an order rejecting an application filed by the applicant seeking direction to perform his Narco Test. In that decision the High Court quoted Yogesh @ Charu Ananda Chandane v. State of Maharashtra, an order passed in M.Cr.C.No.11699/2021, petition No.2420/2016 wherein the High Court of Bombay rejected the similar prayer for Narco Analysis. The relevant paragraph No.7 has been quoted in the above decision which reads thus : -
"In fact, the order passed by the learned Sessions Judge does not warrant any interference. That the evidence which is recorded in the course of the Narco Analysis Test or Polygraph Test is not admissible in evidence. It would be a hazardous situation to permit any/every accused to undergo narco analysis test for proving his innocence. It is incumbent upon the prosecution to substantiate its case and prove the guilt of the accused beyond reasonable doubt. Criminal Jurisprudence contemplates that an accused has a right to silence and it is the duty of the prosecution to prove its case beyond reasonable doubt. The technique such as polygraph test and narco analysis test would be helpful technology for the investigating agency or to seek a direction in the course of investigation.
"We must also account for the uses of this technique by persons other than investigators and prosecutors. Narco Analysis tests could be requested by defendants who want to prove their innocence."
22. In the present case also, the petitioner wanted to subject himself to Narco Analysis Test which according to the learned counsel, is necessary to buttress his statements under Section 313 Cr.P.C. The above settled principles of law unequivocally lay down the position that the revelations brought out during Narco Analysis under the influence of a particular drug cannot be taken as a conscious act or statement given by a person. The possibility of accused himself making exculpatory statements to support his defence also cannot be ruled out. There is no mechanism or the present Investigating Agency is also not equipped to assess the credibility of such revelations of the accused. The Investigating Officers also would find themselves difficult to come to a definite conclusion regarding the veracity of the revelations so made and the other evidence already collected by them. So the contention of the learned counsel for the petitioner that in order to buttress his statements under Section 313 Cr.P.C , these materials collected through Narco Analysis Test can be used as corroborative piece of evidence etc, is not at all sustainable in law.