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2025 Supreme(Online)(SC) 11365

SUPREME COURT OF INDIA
HON'BLE MR. JUSTICE S.V.N. BHATTI, HON'BLE MR. JUSTICE PRASANNA B. VARALE
AMLESH KUMAR – Appellant
Versus
THE STATE OF BIHAR – Respondent


2025 INSC 810 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. __ __ OF 2025 (Arising out of SLP(Crl.) No.5392 of 2024)

AMLESH KUMAR APPELLANT(S)

Versus THE STATE OF BIHAR RESPONDENT(S)

J U D G M E N T

Sanjay Karol, J.

Leave Granted.

2. The present Appeal arises from the impugned Order dated 9th November 2023 passed in Criminal Miscellaneous No.71293 of Signature Not Verified Digitally signed by RADHA SHARMA Date: 2025.06.09 2023 by the High Court of Judicature at Patna, whereby the Court Reason:

Mahua, that she would conduct narco-analysis test of all the accused persons (including the Appellant herein) and other witnesses, during the investigation.

3. Aggrieved thereof, the Appellant is before us. The significant ground of challenge taken is that the acceptance of such a submission by the High Court is in direct contravention of the exposition of law laid down by this Court in Selvi and Ors. v. State of Karnataka, [(2010) 7 SCC 263.], wherein it was observed that forceful subjection of an individual to techniques, such as the narco-analysis test, violates personal liberty enshrined under Article 21 of the Constitution of India.

4. The brief

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