VINOD MITTAL Vs. STATE OF H.P.

JUDGEMENT

(1.) Present petition has been preferred against impugned order dated 5.11.2018, passed by learned Special Judge (Forest), Shimla in Cr. Misc. Petition No. 901168/2018, titled State of H.P. vs. Vinod Mittal, in case FIR No. 7 of 2011, registered under Section 8 of Prevention of Corruption Act, 1988 (hereinafter referred to as "PC Act") in P.S. State Vigilance and Anti Corruption Bureau, Shimla, wherein petitioner/accused has been directed to undergo polygraph test and to give his voice sample to the Investigating Agency during investigation of case.

(2.) Impugned order has been passed by the Special Judge in an application preferred by Investigating Agency seeking permission to take voice sample and to conduct polygraph test of petitioner.

(3.) In response, petitioner had taken the plea that proposal of Investigating Agency to take specimen voice sample and conduct polygraph test is against the protection granted to petitioner under Article 20(3) of Constitution of India. In support, reliance was also put on pronouncements of the Supreme Court in cases Ritesh Sinha vs. State of UP, 2013 2 SCC 357; and Selvi vs. State of Karnataka, 2010 7 SCC 263.