The results of a Narco Analysis Test are inadmissible as evidence, affirming the accused's right to silence and the prosecution's burden of proof.

1. The instant petition under Section 482 of Cr.P.C. has been filed by the applicant being aggrieved by the order dated 27.01.2021 in ST No.499/2016 passed by 22nd ASJ Jabalpur whereby the learned ASJ has rejected the application filed by the applicant seeking direction to perform his Narco test.

2. Learned counsel for the applicant submits that the applicant is facing trial for the offence under Sections 294 , 452, 323,324, 506, 307 and 302 of IPC. The case has been fixed for recording the defence evidence. The applicant has been falsely implicated in the case and he wants to record his statement under Section 29 of Evidence Act via conducting the Narco Analysis Test. The learned trial Court has rejected the said prayer of applicant without applying the judicial mind. The Narco Analysis Test is necessary to prove innocence of applicant and in the absence of same, the applicant would not be able to put his defence. The defence is right of accused. The learned trial Court has rejected the prayer of applicant without giving any justified reason. If the said test is not done, the applicant will suffer from irreparable loss. In support of his contention, he has also relied upon the order passed by the Gujarat High Court in the case of Jaga Arjun Dangar v. State of Gujarat in Special Criminal Application No.6403/18 dated 09.08.2018.

3. On the other hand, learned P.L. for the respondent/State opposes the prayer of applicant submitting that the applicant is trying to mislead the trial Court and cause delay in trial proceedings. The order passed by the learned trial Court does not warrant any interference. The Narco Analysis Test is not an admissible evidence to prove the applicant innocent.

4. Heard.

5. It is submitted by the learned counsel for the applicant that it is necessary for the applicant to undergo the Narco Analysis Test in order to break the possibility of his guilt. The applicant wants to record his confession under Section 29 of Evidence Act via Narco Analysis Test.

6. In relation to Narco Analysis Test, it is essential to go through the verdict of the Hon'ble Supreme Court in the case of Smt. Selvi & Ors. v. State of Karnataka reported in (2010 (2) KLT OnLine 1101 (SC) = 2010 (7) SCC 263). The relevant paras are quoted herein under
"49. This technique can serve several ends. The revelations could help investigators to uncover vital evidence or to corroborate pee-exsiting testimonies and prosecution theories. Narcoanalysis tests have also been used to detect "malingering" (faking of amnesia). The premise is that during the "hypnotic stage" the subject is unable to wilfully suppress the memories associated with the relevant facts. Thus, it has been urged that drug-induced revelations can help to narrow down investigation efforts thereby saving public resources. There is of course a very real possibility that information extracted through such interviews can lead to the uncovering of independent evidence which may be relevant. Hence, we must consider the implications of such derivative use of the drug-induced revelations, even if such revelations are not admissible as evidence. We must also account for the uses of this technique by persons other than investigators and prosecutors. Narcoanalysis tests could be requested by the defendants who want to prove their innocence. Demands for this test could also be made for purposes such as gauging the credibility of testimony, to refresh the memory of witnesses or to ascertain the mental capacity of persons to stand trial. Such uses can have a direct impact on the efficiency of investigations as well as the fairness of criminal trials.
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