Evidence from Narco Analysis Tests is not direct and can create hazardous situations; thus, courts should not permit such tests indiscriminately.

ORDER

23/01/2024

By way of filing the present criminal misc. petition under Section 482 Cr.P.C ., the petitioners are claiming for following reliefs:-

“It is therefore, most respectfully prayed that this misc. petition may kindly be allowed and this Hon’ble Court may kindly be pleased to quash the order dated 18.05.2023 passed by the learned Additional Sessions Judge, Rajsamand in Sessions Case No.16/2013 and the application filed by the petitioners under for undergoing Narco Analysis/Test may kindly be ordered to be allowed.

Any other appropriate order or direction which this Hon’ble Court considers just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioner.”

Learned counsel for the petitioners submitted that the present petition has been preferred against the order dated 18.05.2023 passed by the learned Additional Sessions Judge, Rajsamand (Raj) in Sessions Case No.16/2013, whereby the application preferred by the petitioners to submit themselves to a Narco Analysis Test and bring the resultant reports of the same onto the record as a part of their defense has been rejected. Learned counsel submitted that the application preferred by the petitioners to get themselves examined for Narco Analysis Test ought not to have been rejected. Learned counsel submitted that the right of the petitioners to present any evidence in their support including the result of the Narco Analysis Test ought not to have been denied by the competent criminal court.

Learned counsel thus, prayed that the present misc. petition preferred by the petitioners may be allowed and the competent criminal court may be directed to allow the petitioners to undergo the Narco Analysis Test.

Per contra, learned Public Prosecutor vehemently opposed the misc. application and submitted that the petitioners would get ample opportunities to make sufficient deposition before trial court and the deposition so made will have the impact as that of Narco Analysis Test. Learned Public Prosecutor submitted that no purpose would be served by granting permission to the petitioners to undergo Narco Analysis Test as it will not create any extra right of defense in favour of the petitioners.

Heard learned counsel for the parties and perused the material available on record.

In the considered opinion of this Court, the evidence recorded in the course of Narco Analysis Test is not direct in nature and it would be a hazardous situation to permit every accused to undergo Narco Analysis Test on his request, for proving his defense.

The Hon’ble Bombay High Court in the case of Yogesh @ Charu Ananda Chandane V. the State of Maharashtra ( Crl. W.P. 2420/2016 (decided on 27 July, 2016), while dealing with a similar situation pleased to held that evidence collected by the investigating agency during the course of investigation would be material at the time of trial and just as inculpatory statement of the accused cannot be made basis for conviction; in the same manner, exculpatory statement cannot be made basis for acquittal and it would be futile exercise to permit the accused to undergo such test.

In view of the aforesaid discussion, this Court finds no ground to interfere with the order dated 18.05.2023 passed by the learned Additional Sessions Judge, Rajsamand (Raj.) in Sessions Case No.16/2013.

Accordingly, the present criminal misc. petition under Section 482 Cr.P.C . is dismissed.