Sanjay K. Agrawal, J.

The scientific question that emanates for consideration in this writ petition is legal permissibility of Narcoanalysis, polygraph test (lie-detector test) and BEAP (Brain Electrical Activation Profile) test to be conducted against the will and without consent of a person suspected of an offence, subjected to either of the tests.

2. The above stated question has to be answered in the following factual backdrop: -

2.1 Mr. Sushil Pathak was working as Sub-Editor in the Office of Dainik Bhaskar daily newspaper at Bilaspur. In the intervening night of 19th & 20th of December, 2010, while he was returning back to his home in the night after 12 O' clock in his Tata Indica car from Dainik Bhaskar press, he was shot dead at around 1.20 a.m. near his house by some unknown assailants. Pursuant to the report made on 20-12-2010, Police Station Sarkanda, Bilaspur registered an offence under Sections 302 and 201 of the IPC read with Sections 25 and 27 of the Arms Act, 1959 and thereafter, wheels of investigation started running to find out the culprit of the above-stated offences and to bring the culprit to book.

2.2 In the meanwhile, the Government of India, Ministry of Personnel, Public Grievances and Pension, Department of Personnel and Training vide its notification dated 4-8-2011 issued with the consent of the Government of Chhattisgarh, Department of Home vide notification dated 24-3-2011, directed transfer of investigation relating to the above stated offences to the Central Bureau of Investigation (for short 'the CBI') and consequently, Case No. RC.3(S)/2011/SCU-V/CBI/SCII/New Delhi was registered on 5-9-2011 in the CBI, New Delhi.

2.3 The Central Bureau of Investigation, while investigating the matter suspecting that the present petitioner to have been played an important and decisive role in the assassination/murder of Mr. Sushil Pathak, made an application to the Court of Special Judicial Magistrate (CBI), Raipur, that though the present petitioner has been examined, since he has denied his involvement in the offence in question, therefore, his polygraph test (lie-detector test), brain mapping and narcoanalysis test are required to be conducted in the interest of justice as these tests are absolutely necessary for furtherance of investigation in the case. It was also brought to the notice of the learned Special Judicial Magistrate that two suspects namely Ram Bahadur Nagar and Rajesh Thakkar have already been permitted to undergo the above tests, but on account of absence of the petitioner, no such permission was granted with regard to the petitioner. The petitioner appeared before the learned Special Judicial Magistrate on 8-8-2014 and stated that he has no knowledge of the facts of the case, he declined to accord his consent for the aforesaid tests and opposed the application filed by the CBI for such tests. The learned Special Judicial Magistrate by its impugned order allowed the application filed by the CBI and held that the above-stated tests are necessary for the purpose of furtherance of investigation and directed the petitioner to undergo the above-stated tests.

2.4 Invoking the extraordinary jurisdiction of this Court under Article 226/227 of the Constitution of India, the instant writ petition has been filed by the petitioner inter alia on the ground that such tests viz., narco-analysis test etc., directed to be conducted by the learned Special Judicial Magistrate without the consent of the petitioner, is violative of the petitioner's right guaranteed under Article 20 (3) of the Constitution of India, Section 161 (2) of the CrPC and also it violates the right to personal liberty guaranteed under Article 21 of the Constitution of India and therefore the order of the learned Special Judicial Magistrate directing to undergo the above-stated tests deserves to be quashed.

2.5 Return has been filed by the respondents/CBI opposing the writ petition stating inter alia that the above-stated scientific tests