quite clear from the case diary and
even from the narco analysis report, I specifically ascertained
those details from the prosecution, while learned Standing
Counsel ... prove their
innocence rather than proving their guilt.
8) Compact discs on Narco Analysis were
tampered with, as seen from the observations
to that effect
that the CBI is harassing the petitioner and compelling him to undergo Narco Analysis Test (Truth Serum Test) at Forensic Science Laboratory at Bangalore ... Judicial Magistrate, Ernakulam on 13.2.2006 seeking permission for subjecting the petitioner for narco analysis at Forensic Laboratory at Bangalore. It is averred that while transferring
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 ... 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
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 ... Code of
Criminal Procedure,1973 to subject the accused to Narco
Analysis Test.
2. Heard both sides. (The victim was subsequently got impleaded
as additional
Dated this the 24th day of June,2009
ORDER
Whether Narco Analysis test is violative of
Article 19 , 20(3) or 21 of Constitution ... India?, (2)
whether Narco Analysis is injurious to health and
thereby illegal?,(3) whether Narco Analysis test can be
conducted without consent?. These are questions
Section
45 of the Evidence Act, to subject PW1 to PW3 to Narco
Analysis Test or Polygraph Test, to prove the defense case. The
petitioner ... direct PW1 to PW3 (the defacto complainant and her parents)
to undergo Narco Analysis Test or Polygraph Test to prove his
innocence, contending that
accused to ascertain his willingness to
undergo polygraph, brain mapping and narco analysis tests
for the purpose of investigation. It is seen that the petitioner ... polygraph and brain mapping tests. He was, however, not
subjected to narco analysis test. It is thereafter that Ext.P13
final report has been
deposed against him
may be subjected to Polygraph Test, Narco Analysis and Brain
Mapping, as according to him, they were not speaking truth ... Judge was wrong in taking
the view that evidence of Polygraph test, Narco Analysis and
Brain Mapping are not admissible as legal evidence
applications that the
respective petitioners are prepared to undergo
any tests including Narco Analysis Test. It is also
stated that they were already subjected ... agreed by the petitioners that
they are prepared to undergo Narco Analysis
Test. The investigating officer is free to take the
petitioners for the purpose
before this Court,
which was dismissed on 5.3.2009 on the ground that Narco Analysis Test
of the petitioner was to be made in April ... Narco Analysis Test
was not conducted in April, 2009. Learned counsel for the petitioner
submitted that he is prepared to undergo Narco Analysis Test
