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2016 Supreme(Online)(Chh) 103

CHATTISGARH HIGH COURT
Sanjay K. Agrawal, J
Sushil Pathak – Appellant
Versus
Central Bureau of Investigation – Respondent


Advocates:
For the Appellant: Awadh Tripathi
For the Respondents: Kishore Bhaduri

1. The scientific question that emanates for consideration in this writ petition is legal permissibility of Narcoanalysis, polygraph test (lie - detector test) and BEAP (Brain Electrical Activation Profile) test to be conducted against the will and without consent of a person suspected of an offence, subjected to either of the test(s).

2. The above stated question has to be answered in the following factual backdrop:
2.1) Mr. Sushil Pathak was working as Sub-Editor in the Office of Dainik Bhaskar daily newspaper at Bilaspur. In the intervening night of 19th & 20th of December, 2010, while he was returning back to his home in the night after 12 O'clock in his Tata Indica car from Dainik Bhaskar press, he was shot dead at around 1.20 a.m. near his house by some unknown assailant(s). Pursuant to the report made on 20-12-2010, Police Station Sarkanda, Bilaspur registered an offence under S.302 and S.201 of the IPC read with S.25 and S.27 of the Arms Act, 1959 and thereafter, wheels of investigation started running to find out the culprit of the above - stated offences and to bring the culprit to book.
2.2) In the meanwhile, the Government of India, Ministry of Personnel, Public Grievances











































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