Evidence Act,1872 – Section 45 – Code of Criminal Procedure,1973 – Section 293 – Narco Analysis Test – Whether the accused has got any right to seek himself to be subjected to Narco Analysis Test ?
The 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 defence 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. So the contention of the learned counsel for the petitioner that in order to buttress his statements under Section 313 Cr.P.C , these materials collected through Narco Analysis Test can be used as corroborative piece of evidence etc, is not at all sustainable in law. In the result, Crl.M.C is found to be devoid of any merit and hence dismissed.