STATE OF AP Vs. INAPURI PADMA

JUDGEMENT

(1.) THESE revision cases have been filed by the state represented by the Public Prosecutor questioning the order passed by the Chief judicial Magistrate, Vfjayawada, In Criminal m. P. No. 276 of 2008 and Criminal M. P. No. 277 of 2008 in Crime No. 477 of 2007 of ibrahimpatnam Police Station, Vijayawada. The Assistant Commissioner of Police, West zone, Vijayawada City, filed a requisition before the Chief Judicial Magistrate, Vijayawada, requesting to permltthem to undertake Narco analysis Test for six persons at FSL Bangalore.

(2.) IN the requisition it is mentioned that the persons mentioned in the requisition are neither accused nor suspects in the above crime. The police were suspecting that the above mentioned persons are not disclosing certain facts known to them in respect of the above crimeand if a Narco Analysis Test is conducted on the above persons, there is likelihood of those persons disclosing certain facts, which may help the Police in making progress in the investigation.

(3.) THE learned Magistrate in the order observed that the above persons are neither accused nor suspects and they were not arrested by Police, therefore the question of giving those persons to the Police custody for the purpose of Narco Analysis Test does not arise. The Court has no jurisdiction to entertain the requisition or to send the persons for Narco analysis Test. Hence, the requisition is rejected.