MANMOHAN, J

1. The issue that arises for consideration in the present proceedings is the constitutionality and legality of subjecting an accused to Narco Analysis Test without his consent.

2. The facts of this case are that on 6th July, 2007 at 1.25 AM the police received information regarding an accident at Mathura Road, near Haldiram, Delhi. When the police reached the spot they found a damaged Wagon R car bearing No. DL-9C-M-9711, which had already been placed on the left side on the road. At about the same time, the police also received information from Apollo Hospital regarding admission of Mr. Chetan Sharma, S/o. Shri Chand aged 22 years in an injured condition. In fact, the doctors declared Chetan Sharma as „brought dead? vide MLC No. 314 of 2007. On the basis of this information police registered a case vide FIR No. 516/2007 under Section 279/304A IPC.

3. The Investigating Officer seized the vehicle and subsequently got the car mechanically inspected. The postmortem report of the deceased was also collected by the Investigating Officer. However, no public witness of the incident is available.

4. During initial investigation on 5th July, 2007 the Petit