SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2004 Supreme(Bom) 333

V.G.PALSHIKAR, P.V.KAKADE
Ramchandra Ram Reddy & others – Appellant
Versus
State of Maharashtra – Respondent


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 fac


































































Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top