Constitution of India – Art.20(3) and Art.21 – Code of Criminal Procedure, 1973 – s.439 – The High Court accepted the submission of the Sub-Divisional Police Officer, Mahua, that she would conduct narco-analysis test of all the accused persons (including the appellant herein) and other witnesses, during the investigation – Correctness:
Held: There was no reason for the High Court to accept a submission by the Investigating Officer, stating that they will conduct a narco-analysis test of all the accused persons – Such a submission and its acceptance, is in direct contravention to the judgment of this Court in Selvi, being hit by the protections u/Arts.20(3) and 21 of the Constitution – Moreover, it is settled law that while entertaining an application for grant of bail, the Court has to take into consideration the allegations against the accused; period of custody undergone; nature of evidence and the crime in question; likelihood of influencing witnesses and other such relevant grounds – It does not involve entering into a roving enquiry or accepting the use of involuntary investigative techniques – Therefore, the High Court has erred in accepting a submission to carry out a narco-analysis test of all accused persons by the Investigating Officer. [Paras 10, 11, 13]
Evidence, 1872 – s.27 – Whether a report of a voluntary narco-analysis test can form the sole basis of conviction in the absence of other evidence on record:
Held: This Court in Selvi had considered voluntary narco-analysis tests and opined that the reports thereof cannot be admitted directly into evidence – Information that is discovered, as a consequence thereof, can be admitted with the aid of s.27 of the Evidence Act, 1872 – It is settled that in the absence of supporting evidence, a conviction cannot be based solely on such information – Therefore, a report of a voluntary narco analysis test with adequate safeguards as well in place, or information found as a result thereof, cannot form the sole basis of conviction of an accused person. [Paras 14, 15, 16] Evidence – Voluntary narco-analysis test – Whether an accused can voluntarily seek a narco analysis test, as a matter of an indefeasible right:
Held: The accused has a right to voluntarily undergo a narcoanalysis test at an appropriate stage – The appropriate stage for such a test to be conducted is when the accused is exercising his right to lead evidence in a trial – However, there is no indefeasible right with the accused to undergo a narco-analysis test, for upon receipt of such an application the concerned Court, must consider the totality of circumstances surrounding the matter, such as free consent, appropriate safeguards etc., authorizing a person to undergo a voluntary narco-analysis test. [Para 21]
As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Ankit Gyan. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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