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SANJAY KAROL, PRASANNA B. VARALE
Amlesh Kumar – Appellant
Versus
State of Bihar – Respondent
JUDGMENT
Sanjay Karol, J.
Leave Granted.
2. The present Appeal arises from the impugned Order dated 9th November 2023 passed in Criminal Miscellaneous No.71293 of 2023 by the High Court of Judicature at Patna, whereby the Court accepted the submission of the Sub-Divisional Police Officer, Mahua, that she would conduct narco-analysis test of all the accused persons (including the Appellant herein) and other witnesses, during the investigation.
3. Aggrieved thereof, the Appellant is before us. The significant ground of challenge taken is that the acceptance of such a submission by the High Court is in direct contravention of the exposition of law laid down by this Court in Selvi and Ors. v. State of Karnataka, (2010) 7 SCC 263 wherein it was observed that forceful subjection of an individual to techniques, such as the narco-analysis test, violates personal liberty enshrined under Article 21 of the Constitution of India.
4. The brief facts giving rise to the Appeal at hand are as follows:
4.1. On 24th August 2022, FIR No.545 of 2022 was registered at P.S. Mahua under Sections 341, 342, 323, 363, 364, 498(A), 504, 506 and 34 of the Indian Penal Code, 1860 [Hereinafter ‘IPC’], against the App
(1) Narco-analysis test – Forceful subjection of an individual to techniques, such as narco-analysis test, violates personal liberty enshrined under Article 21 of Constitution of India – While need f....
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