RAJKUMAR MOHANDAS Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) IN the present case, the complainant, who has filed the complaint and the other eye-witnesses cited by him, have been asked by the police to present themselves before the police for undergoing Narco analysis Test. Learned Counsel for the petitioner submits that the witnesses cannot be subjected to the test. Whatever the witnesses had to tell the police they have said it and it is for the police to investigate the matter and come to their own conclusion.

(2.) LEARNED Addl. P. P. relied on a judgment of this court in the case of (Ramchandram Ram Reddy and Ors. Vs. State of Maharashtra), 2004 (1) Bom. C. R. (Cri.)657 : 2004 All. M. R. (Cri.) 1704, to contend that the police are given rights under the investigative powers to put anybody under the Narco Analysis Test, whether he is an accused or a witness. The case referred deals with the accused persons only but the law laid down by the Division Bench of this Court would apply equally to the witnesses. She has also relied on an unreported order of the Division Bench of this Court dated 20th February, 2008 passed in (Criminal Writ Petition No. 116 of 2008), in which the Division Bench of this Court noted,

(3.) IN view of the fact that there is already a judgment of the Division Bench of this Court, we are of the view that the matter should be heard by the Full Bench. Learned Counsel for the petitioner submits that the judgment as regards the interpretation of Article 20 of the Constitution of india also needs a fresh consideration.