STATE OF GUJARAT Vs. ASHISHBHAI KAPILBHAI NANDA

JUDGEMENT

(1.) This petition is preferred under Section 397 read with Section 401 of the Criminal Procedure Code challenging the order of the Sessions Court in Sessions Case No.107 of 2006 passed below Exh.26 rejecting the request of carrying out Narco-Analysis test of the accused essentially since the accused objected to undergo narco analysis test as proposed by the prosecuting agency.

(2.) After hearing both the sides, learned additional Sessions Judge had rejected the application moved by the prosecuting agency to carry out test of narco analysis. For various grounds enumerated in the petition, the said order is under challenge before this Court. Learned Additional Public Prosecutor Mr.K.P.Raval fairly submitted that the issue is no longer res integra and has been squarely covered by the judgment of the Apex Court. Instead of delving on the facts of the instant case, it would be apt to consider the case of Selvi and others vs. State of Karnataka, 2010 7 SCC 263 where speaking for the Bench the then Chief Justice concluded the issue in following manner:-

(3.) Undisputedly, in the instant case, the accused had objected to undergo the said test and, therefore, there does not arise the question of interfering with the order passed by the learned Sessions Judge rejecting the request of prosecuting agency to so do it. Accordingly, the present petition is dismissed. No order as to costs. Rule is discharged.