Consent of accused is essential for conducting scientific tests in criminal investigations; involuntary testing violates constitutional protections against self-incrimination.

ORDER :

Prem Narayan Singh, J.

The petitioners have preferred this petition under section 482 of Cr.P.C. for quashment of the order dated 26-9-2023 passed in CRR No. 08/2023 by I ASJ, Alirajpur whereby the learned revisional Court has dismissed the petition of the petitioners by affirming the order dated 1-9-2023 passed in Crime Case No. 236/2023 by JMFC, Alirajpur whereby the application filed by the prosecution regarding Narco, Polygraph and Brain Mapping test of the petitioners was allowed.

2. Brief facts of the case are that the police has registered a case against the petitioners bearing Crime No. 236/2023 at Police Station Sondwa, District Alirajpur under sections 379, 392, 452, 294, 166-A, 420 and 409 of IPC regarding loot of ancient gold coins having worth in crores of rupees. The petitioners are police personnel and facing the allegations of crime. Earlier, on 26-8-2023, the petitioners have given their consent for conducting of their Narco, Polygraph and Brain Mapping tests in Sahmati Panchnama.

3. In view of their consent recorded under a Sahmati Panchnama of the petitioners, the prosecution has filed an application before the learned Judicial Magistrate First Class for conducting of the aforesaid tests which was allowed. Being aggrieved, the petitioners have filed a criminal revision before the learned revisional Court on the ground that they have never consented for the aforesaid tests and conduction of tests, they will suffer irreparable loss to their health, but vide the impugned order, the learned revisional Court has dismissed the revision petition filed by the petitioners, hence, the present petition before this Court.

4. During the course of arguments, counsel for the petitioners has submitted that both the learned Courts below have not considered the factum of consent and passed the impugned orders and the same are bad in law. It is further submitted that the impugned orders are against the principles of Article 20(3) of the Constitution of India by which the protection has been given to the Indian Citizens that no person/accused of any offence shall be compelled to be a witness against himself. It is further submitted that the learned Courts below have not considered the legal aspect involved in the matter and passed the impugned orders in violation of provisions of Article 20(3) of the Constitution of India. It is also contended that the learned trial Court as well as Revisional Court have passed the impugned orders in contravention of the law laid down by Hon”ble Apex Court passed in the case of Selvi and others vs. State of Karnataka , (2010) 7 SCC 263 . Hence, the impugned orders passed by the Courts below are liable to be stuck down.

5. Learned counsel for the petitioners submits that in view of the settled position of law as held in the case of Selvi (supra) in Clause (1) of para No. 265 that (i) No Lie Detector Tests or any other tests should be administered except on the basis of consent of the accused recorded before the Judicial Magistrate. An option should be given to the accused whether he wishes to avail such test, hence, the learned Courts below have committed error in directing to conduct all the three tests of the petitioners. Hence, prays for setting aside the impugned orders.

6. In turn, learned Additional Advocate General and Govt. Advocate appeared on behalf of the State of Madhya Pradesh, have supported the impugned orders. It is submitted that since the matter is pertaining to the loot of ancient golden coins of crores of rupees, the prosecution has to establish its case in accordance with law. It is f