JUDGMENT - PALSHIKAR V.G., J.:---These petitions have been filed by the petitioners who have been charge-sheeted by the investigating authority for various offences including those contained in Maharashtra Control of Organised Crimes Act (hereinafter called as MCOCA for the sake of bravity). Some petitioners have impugned the orders made by the designated Court permitting administering of certain physical tests involving minimal bodily harm to these persons. Some other petitioners knowing that such action is going to be taken against them have come in anticipation of certain orders as according to all of them, administration of such tests whether it effects physical violation of the person or not, may be violation of their fundamental right guaranteed by Article 20, Clause (3) of the Constitution of India.

2. The three test involved in these petitions are:

1) P-300 test.

2) Lie Detector test.

3) Narco Analysis test.

We will consider the exact nature of tests, before we proceed to consider the challenges made to administering those tests and submissions in reply on behalf of the State and the investigating authority. To a large extent there is no factual dispute. Some of the admitted facts noted briefly are that:

1) All the petitioners are charge-sheeted.

2) All the petitioners are charged with offences under the I.P.C.

3) All the petitioners are charged with offences under MCOCA.

4) All the petitioners apprehend administering of these three tests described above.

All the petitioners contended that compulsive administering of these tests amount to violation of Article 20, Clause (3) of the Constitution of India, which contention is opposed by the State.

Except the last contention, the State also has no dispute regarding those facts.

3. It appears to us that the main contention or we may put it to be the only contention on which these petitioners urges is the protection from compulsive testimony or testimonial compulsion, whether it operates immediately on the direction of the designated Court to administer these tests and would therefore be operative, whether tests are administered or not. Or whether the protection granted under Article 20(3) of the Constitution of India begins to operate only when the investigating agency of the State or the prosecuting authority seeks to tender these tests or the results thereof as evidence in the prosecution.

4. We will first note what are the test which according to the petitioners cannot be administered to them by reason of the protection granted by Article 20(3) of the Constitution of India. The three tests are (1) Lie Detector test or polygraphy test, (2) P-300 Test or Brain Mapping test and (3) Narco Analysis test or Truth Serum Test. The Lie Detector Test is an examination which is conducted by various probes attached to the body of the person who is interrogated by the Expert. The heart rate, the skin conductance is measured. The underlying theory of this test is that when people lie they also get measurably nervous about lying. The heart beat increases, blood pressure goes up, breathing rhythm charge, perspiration increases, etc. A baseline for this physiological characteristic is established by asking the subject questions whose answers investigator knows. Deviation from the base line for truthfulness is taken as a sign of lie. Here therefore there is no direct invasion of the body. In this test the polygraph is taken which gives this reaction and an expert would then explain these reactions in the Court which would be his reading of the polygraph from which would flow his conclusion which are to be admitted or not admitted by a Judge on appreciation of the statement and the objections raised thereto. In this case the witness may answer or may not answer the questions. The response of his answers to questions as recorded on the polygraph analysis of which is sought to be tendered as evidence if and when the occasion arises.

5. The second test is Brain Mapping or P-300 test. In this test of Bra

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