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MANOJ KUMAR GARG
Praveen Choudhary – Appellant
Versus
State of Rajasthan – Respondent
| Table of Content |
|---|
| 1. factual background of the case and accusations. (Para 1 , 2 , 3 , 4) |
| 2. arguments for and against conducting tests. (Para 5 , 6 , 7 , 8) |
| 3. analysis of rights related to voluntary tests. (Para 9 , 10 , 11) |
| 4. conclusion: tests must be allowed under specified conditions. (Para 12) |
ORDER :
1. The instant misc. petition has been preferred by the petitioner accused challenging the order dated 10.1.2023 passed by learned Additional Chief Metropolitan Magistrate No. 1, Jodhpur Metropolitan in relation to the FIR No. 655/2022 registered at the Police Station Kudi Bhagtasani, Jodhpur, whereby the application filed by the petitioner for having narco analysis, brain mapping and polygraph tests conducted upon the petitioner, has been rejected.
2. Brief facts of the case are that the complainant filed a written report on 13.11.2022 to the effect that on 26.09.2022 at about 6 PM, the petitioner forcibly entered into the house of the complainant and demanded sum of Rs. 60 lacs and on 12.11.2022, the accused petitioner threatened to kill him.
3. On the basis of this information, an FIR No. 655/22 was registered at the Police Station Kudi Bhagtasani for the offences under Sections 144
Compelling scientific tests violates constitutional rights against self-incrimination; consent is mandatory.
Consent of accused is essential for conducting scientific tests in criminal investigations; involuntary testing violates constitutional protections against self-incrimination.
Point of law: Narco Analysis Tes -Even if the petitioner voluntarily submits for subjecting himself for Narco Analysis Test, there is no guarantee that the statements would be voluntary. So even if t....
(1) Narco-analysis test – Forceful subjection of an individual to techniques, such as narco-analysis test, violates personal liberty enshrined under Article 21 of Constitution of India – While need f....
Applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C.
DNA test is also available before the Court, which is marked as Annexure-H and only in order to overcome the positive report of the DNA, the petitioner has approached this Court by invoking the writ ....
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