MAHESH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This petition takes exception to the judgment and order dated 28.1.2010, passed by the learned Judicial Magistrate, First Class, Shevgaon thereby granting permission of Narco Analysis Test of the petitioner in connection with crime No. I-166 of 2009, dated 30.12.2009 for the offences punishable under Sections 420, 419, 409, 467, 468, 471 r.w. 34 of I.P.C. registered with Shevgaon Police station.

(2.) We heard learned counsel for the petitioner and the learned A.P.P. for the respondent-State. Rule. Rule made returnable forthwith. Heard finally by consent of the parties.

(3.) The principal grievance raised in this petition is that the impugned order passed by the learned J.M.F.C. Shevgaon allowing the respondent to conduct the Narco analysis test of the petitioner is passed though petitioner strongly opposed for conduting Narco Analysis Test on health ground. Learned counsel for the petitioner further submitted that granting permission of Narco analysis test amounts to infringement of the fundamental rights of the petitioner under Article 20(3) and 21 of the Constitution of India. It is the case of the petitioner that on 25.1.2010 the investigating Officer filed an application before the learned J.M.F.C. Shevgaon thereby seeking permission to allow him to conduct Narco analysis test of the petitioner and another accused. The petitioner strongly opposed the Narco test on the ground that he is suffering from swelling of liver and also have complaints about the low blood pressure and migraine and there is danger to the life of the petitioner if the Narco analysis test is conducted. It is the contention of the petitioner that inspite of strong objection, learned J.M.F.C. has allowed the application of Investigating Officer and directed to conduct Narco analysis test of the petitioner and the accused No.1, by judgment and order dated 28.1.2010.