The Allahabad High Court has rejected the petition observing the evidentiary value of a narco analysis test.
The test has been considered threadbare and it has been recorded that revelations brought out during Narco Analysis under the influence of a particular drug cannot be taken as a conscious act or statement given by a person.
The Division Bench of Justice Rajan Roy and Justice Sanjay Kumar Pachori passed this order while hearing a petition filed by Saroj Kumar and Others. The petitioners are the accused in FIR under Sections 302, 201 IPC Police Station Mohd. Pur Khala, District Barabanki.
They have filed the petition seeking a writ of mandamus commanding the opposite parties to take immediate positive decision on representation dated 12th September 2022 which the petitioners have sought utilization of modern scientific technique of ‘brain mapping test’ like ‘Narco Analysis Test’ or ‘lie detector test’ upon petitioners as well as complainant to lead the investigation in right direction and to extract the truth of the case.
It was their clear stand before the Court that though such tests are not admissible in evidence as per the Indian Evidence Act, however, they could be helpful in giving a direction to the investigation and revealing the truth.
A relief has been sought in the nature of mandamus commanding opposite party no 4 to obtain viscera analysis report from Forensic Scientific Laboratory, Lucknow pertaining to the aforesaid case as viscera has been preserved.
While A.G.A. Badrul Hasan has placed before the Court a judgment of Single Judge Bench of the Kerala High Court in the Case of Louis Vs State of Kerala and others; wherein a similar request at the behest of the accused was denied on the ground that such narco analysis test etc. are not admissible as evidence and also that the accused does not have any such enforceable right.
High Court stated that the evidenciary value of a narco-analysis test has been considered threadbare and it has been recorded that revelations brought out during Narco Analysis under the influence of a particular drug cannot be taken as a conscious act or statement given by a person.
The possibility of accused himself making exculpatory statements to support his defense also cannot be ruled out. There is no mechanism or the present Investigating Agency is also not equipped to assess the credibility of such revelations of the accused.
The Investigating officers also would find themselves difficult to come to a definite conclusion regarding the veracity of the revelations so made and the other evidence already collected by them.
The Court rejected the contention of the counsel for the petitioner therein that in order to buttress his statements under Section 313 CrPC, these materials collected through Narco Analysis test can be used as corroborative piece of evidence as not being sustainable in law.
The Court clearly held that the Narco Analysis test or Polygraph test is not admissible in law.
The bench opined that they are also in agreement with the opinion expressed by the Kerala High Court considering the aforesaid discussions as the result of the brain mapping test or narco or lie detector test would not be admissible in evidence, therefore, we see no reason to issue any such mandamus for disposal of the petitioners/accused application for undertaking such exercise by the Investigating Officer.
The Court rejected the first relief and disposed of the petition as far as second relief is concerned with the aforesaid observations.