(1.) THESE petitions have been filed by the petitioners who have been charge-sheeted by the investigating authority for various offences including those contained in Maharashtra Control of Organised Crimes act (hereinafter called as MCOCA for the sake of bravity ). Some petitioners have impugned the orders made by the designated Court permitting admin istering of certain physical tests involving minimal bodily harm to these persons. Some other petitioners knowing that such action is going to be taken against them have come in anticipation of certain orders as according to all of them, administration of such tests whether it effects physical violation of the person or not, may be violation of their fundamental right guaranteed by artical20,clause (3) of the Constitution of India.
(2.) THE three test involved in these petitions are:
(3.) IT appears to us that the main contention or we may put it to be the only contention on which these petitioners urges is the protection from compulsive testimony or testimonial compulsion, whether it operates immediately on the direction of the designated Court to administer these tests and would therefore be operative, whether tests are administered or not. Or whether the protection granted under Article 20 (3) of the Constitution of India begins to operate only when the investigating agency of the State or the prosecuting authority seeks to tender these tests or the results thereof as evidence in the prosecution.