SANTOKBEN SHARMANBHAI JADEJA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition under Article 227 of the Constitution of India, the petitioner - original accused No.1 - Santokben Sharmanbhai Jadeja has prayed for an appropriate order to quash and set aside the order dated 13.6.2007 passed by the learned JMFC, Junagadh passed below application Mark - 8 granting Narco Analysis Test and Brain Mapping Test of the petitioner. The petitioner has also prayed for an appropriate order to quash and set aside the order dated 30.6.2007 passed by the learned Additional Sessions Judge & Presiding Officer, 4th Fast Track Court, Junagadh passed in Criminal Revision Application No.89 of 2007 in dismissing the same and confirming the order passed by the learned JMFC, Junagadh granting Narco Analysis Test and Brain Mapping Test of the petitioner.

(2.) At the outset, it is to be noted that against the State so many cases involving serious offences such as Saurabuddin encounter case and others are pending in which the question with regard to Narco Analysis Test and Brain Mapping Test of the concerned accused are pending at different stages i.e. either at the stage of proceedings before the learned Magistrate or revisional stage before the learned Sessions Court or before this Court and considering timely requirement of such tests at the stage of investigation, considering the above, this Court has considered present petition on merits. The decision of this Court in the present petition have a baring upon the aforesaid proceedings before the different trial Courts / revisional Courts hence, this petition is considered on merits. It was also brought to the notice of the Court that one proceeding is pending before the Hon'ble Supreme Court and the case is referred to the Larger Bench, and considering the same an opportunity was given to the petitioner to move an appropriate application before the Hon'ble Supreme Court for transfer of the proceedings and twice this Court granted time to the petitioner to move such an application for transfer in view of the pending proceedings before the Hon'ble Supreme Court and in fact on 19.7.2007 at the request of the learned counsel appearing for the petitioner, this petition was adjourned to 1st August, 2007 as the statement was made that the petitioner proposes to move an appropriate application before the Hon'ble Supreme Court for transfer of this proceedings in view of the pendency of some other proceedings raising similar controversy before the Hon'ble Supreme Court. This Court also recorded the statement of the learned counsel appearing for the petitioner that if an appropriate order is not obtained from the Hon'ble Supreme Court, they will proceed further with the present petition. That thereafter, present petition came up for hearing on 1st August, 2007, which was adjourned to 6th August, 2007 and Shri N.D.Nanavati, learned Senior Advocate appearing for the petitioner has submitted that the petitioner does not propose to move an appropriate application before the Hon'ble Supreme Court for transfer of the present proceedings and he would like to submit on merits and that is how, this Court has heard the learned advocates appearing on behalf of the respective parties on merits and is deciding the present petition on merits.

(3.) Before dealing with the present petition on merits and the contentions on behalf of the rival parties with regard to need of Narco Analysis Test and/or Brain Mapping Test, few facts are necessary for the determination of the present petition to appreciate the prayer of the Investigating Officer for conducting the Narco Analysis Test and / or Brain Mapping Test of the petitioner.