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 Petitioner/Accused, who is an uncle of the deceased, stated that deceased Chetan who was present with him at Apollo Hospital, took his Wagon R car to fetch food and on the way Chetan met with an accident. He further stated that on being telephonically informed about the accident, the Petitioner/Accused reached the spot and found that the car had toppled to the left side and deceased Chetans head had been crushed between the vehicle and the road. According to the police, Petitioner/Accused initially stated that he managed to get the car to stand up and pulled out Chetan from the car and took him to Apollo Hospital. During investigation, mobile call details of deceased Chetan and Petitioner/Accused were obtained and Petitioner/Accused was further interrogated.

5. Finally on 29th July, 2007 the Petitioner/ Accused disclosed to the police that while he was driving the vehicle, it met with an accident in which the car toppled to the left side and as a consequence of this accident, Chetan who was sitting on the left side of the car got crushed between the road and the car. On the basis of this interrogation, the police added Sections 201 IPC and arrested the Petitioner/Accused. But he was subsequently released on bail.

6. It is pertinent to mention here that the father of the deceased has been leveling allegations that his son Chetan has been murdered by the Petitioner/Accused and the behaviour of the Petitioner/Accused has not been normal towards him from the date of the accident.

7. To find out the truth, a lie detector test was conducted on the Petitioner/Accused and according to the police, the analysis of the same revealed deceptive responses on behalf of the Petitioner/Accused. It was only thereafter that the police filed an application seeking a direction from the Court to direct the Petitioner/Accused to undergo Narco Analysis Test.

8. The Metropolitan Magistrate vide his order dated 28th March, 2008 allowed the application of the prosecution and directed the Petitioner/Accused to undergo the Narco Analysis Test.

9. Mr. R.S. Sodhi, learned Counsel for Petitioner/Accused has argued at length as to how the Narco Analysis Test was evolved and as to what are its ingredients. Mr. Sodhi termed the test a „psychological third degree test which has several side effects. According to him, one cannot vouch for reliability of such a test.

10. Mr. Sodhi further submitted that Narco Analysis Test is nothing but compelling an accused to give a statement against him and consequently constitutional protection of right of silence as contained in Article 20 (3) of the Constitution comes to the aid of the accused persons. In this context Mr. Sodhi relied upon the judgment of the Apex Court in Nandini Satpathy Vs. P.L. Dani & Another reported in (1978)