proceedings is the
constitutionality and legality of subjecting an accused to Narco Analysis
Test without his consent.
WP (Crl.) 532/2008 Page ... direction from
the Court to direct the Petitioner/Accused to undergo Narco Analysis Test.
8. The Metropolitan Magistrate vide his order dated 28th March
learned JMFC, Junagadh passed below application Mark - 8 granting Narco Analysis Test and Brain Mapping Test of the petitioner. The petitioner has also prayed ... confirming the order passed by the learned JMFC, Junagadh granting Narco Analysis Test and Brain Mapping Test of the petitioner.
2. At the outset
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 ... their
innocence rather than proving their guilt.
8) Compact discs on Narco Analysis were
tampered with, as seen from the observations
to that effect
harassing the petitioner and compelling him to undergo Narco Analysis Test (Truth Serum Test) at Forensic Science Laboratory at Bangalore. It is averred that ... 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
upheld the order of the Revisional Court in
relation to the narco analysis test and brain
mapping test of the accused where the
challenge ... quashing of the order passed by the
learned Magistrate, Junagadh granting narco
analysis test and the brain mapping test,
which was also upheld
Investigating Officer and co-operate in the investigation for undergoing Narco-analysis Test in Victoria Hospital at Bangalore, have challenged the impugned order dated ... knowledge of the crime. It is advised to subject them to Narco-analysis after the permission from the Court is obtained."
Therefore, the concerned
place any
reliance upon the contents of the CDs on Narco
Analysis or the reports submitted by Dr.Malini, for the
reasons stated above ... 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
levelled against the applicant namely for D.N.A. (Deoxyribonucleic Acid), NARCO Analysis Test, etc. so that the Investigating Agencies may arrived at fair conclusion ... considered for the criminal justice system namely DNA profiling test/Narco analysis test in the present case. Before answering the above question, it is relevant
right to seek himself to be
subjected to Narco Analysis Test. The impugned order has been
passed by the Fast Tract Special Judge, Thrissur ... 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
applicant accused to few scientific tests, like lie detection, brain mapping,
Narco Analysis etc.
4. Mr. Popat, the learned counsel appearing for the applicant
submitted ... Detector Test.
(2) P300 Test or Brain Mapping Test.
(3) Narco Analysis Test.
(1) Lie Detector Test: The idea of using a polygraph