JUDGEMENT

This is a revision application filed by the State of Gujarat under section 397 of the Code of Criminal Procedure, 1973 , challenging an order of the trial court dated 10.4.2002 below application Exh.64 in Sessions case No.124/99. 2.It seems that the present respondents have been facing trial before the learned Addl.Sessions Judge at Surat in Sessions case No.124/99 for offence under sections 120(b), 363, 365 and 302 of Indian Penal Code.

During the course of the trial, the applicant-State submitted an application before the said Court at Exh.

62 stating that a lie detection test has been taken in respect of the respondents and that the opinion of the said examination may be admitted in evidence. After hearing the parties, the trial court found that the respondents were in police custody and the result of the said test was not admissible in evidence. Without challenging the said order, the petitioner State submitted another application Exh.64 with a request that Mr V S Patel, the Scientific Officer who had undertaken the aforesaid lie detector test, may be permitted to be examined as witness and he may be summoned for appea