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

2020 Supreme(HP) 203

VIVEK SINGH THAKUR
Vinod Mittal – Appellant
Versus
State Of H. P. – Respondent


Advocates Appeared:
Mr. Satyen Vaidya Senior Advocate with Mr. Vivek Sharma, Advocate. for the Appellant; Mr. Desh Raj Thakur, Additional Advocate General with Mr.Narender Singh Thakur, Deputy Advocate General. for the Respondent

JUDGMENT

Vivek Singh Thakur, J. - Present petition has been preferred against impugned order dated 5.11.2018, passed by learned Special Judge (Forest), Shimla in Cr. Misc. Petition No. 901168/2018, titled State of H.P. vs. Vinod Mittal, in case FIR No. 7 of 2011, registered under Section 8 of Prevention of Corruption Act, 1988 (hereinafter referred to as "PC Act") in PS. State Vigilance and Anti Corruption Bureau, Shimla, wherein petitioner/accused has been directed to undergo polygraph test and to give his voice sample to the Investigating Agency during investigation of case.

2. Impugned order has been passed by the Special Judge in an application preferred by Investigating Agency seeking permission to take voice sample and to conduct polygraph test of petitioner.

3 In response, petitioner had taken the plea that proposal of Investigating Agency to take specimen voice sample and conduct polygraph test is against the protection granted to petitioner under Article 20(3) of Constitution of India. In support, reliance was also put on pronouncements of the Supreme Court in cases Ritesh Sinha vs. State of UP, reported in (2013)2 SCC 357; and Selvi vs. State of Karnataka, (2010)7 SCC 263.

      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