3784/2009 Page 7 of 22
and narco-analysis test. It has been further prayed that in
case the petitioners come out to be innocent ... accused against self-incrimination. In the case
relied upon by the learned counsel for the petitioner, Narco
Analysis Test was directed on the request
learned Judicial Magistrate, First Class,
Shevgaon thereby granting permission of Narco Analysis Test of the
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petitioner ... respondent to conduct the Narco analysis test of the petitioner is
passed though petitioner strongly opposed for conduting Narco
Analysis Test on health ground. Learned
that the
respective petitioners are prepared to undergo
any tests including Narco Analysis Test. It is also
stated that they were already subjected to
Polygraph ... undergo Narco Analysis Test,
without raising any objection, at any point of time, during the
course of the investigation of the case
Officer has not conducted scientific tests like lie
detection test or narco analysis, and therefore, learned Sessions
Judge ought to have acceded to the request ... subjecting accused for lie direction and narco analysis do not arise
when substantial evidence is already recorded.
No
case is made out to interfere with
applications exh.13 and exh.14 filed by the
petitioner. Criminal Case No. 2438/2007 has been filed by respondent
no.2 complaining of dishonour ... handwriting expert
in the said case, cross examination and several deposition of that
case. He also prayed for Narco analysis, polygraph test, Brain
Mapping
join the
petitioner during investigation of the case for lie detection and Narco
analysis test.
The order dated May 8, 2009 is hereby set aside
this Narco Analysis Test is not violative of Article
20(3) of the Constitution of India. It is further observed that the
Narco Analysis Test ... Narco Analysis Test then only one
can to be subjected Narco Analysis Test. In my opinion, in the
present facts and circumstances of the case
NARCO Analysis, the matter
was heard by this Court and the judgment was kept reserved.
FSL Gujarat had stated that NARCO Analysis would be
conducted ... NARCO Analysis of the accused because a
judgment of this Court is pending on the matter, though the
Sessions Judge had permitted such NARCO Analysis
which it has been stated by the Assistant Director,
Forensic Narco Analysis Division, DFS, Gandhi Nagar that it has
Crl. Revision ... suspects, witnesses, panchnamas,
investigating reports and concerned case related documents by post.
Besides, the copies of the case file have been submitted
petitioner No.2 to appear in the
police station for undergoing Narco Analysis Test, petitioners have
approached this Court by way of instant writ petition ... nature of
Prohibition restraining the respondents from conducting the Narco
Analysis Test on petitioner No.2. Petitioners also seek a writ in the
nature
