AIROnline 2025 SC 449

Supreme Court Of India

(From : AIROnline 2023 Pat 974)

Hon'ble Judge(s): Sanjay Karol, Prasanna B. Varale , JJ

(A) Evidence Act (1 of 1872) , S.45— Constitution of India , Art.20(3), Art.21— Narco analysis test - Acceptance of submission of police to carry out test - Challenge against - Under no circumstances, involuntary or forced narco-analysis test is permissible under law - Consequently, report of such involuntary test or information that is discovered subsequently is also not per se admissible as evidence in criminal or other proceedings - Submission and its acceptance regarding conduction of narco analysis test was in direct contravention of judgment reported in AIR 2010 SC 1974 being hit by protections under Arts. 20(3) and 21 - Moreso, such submission was accepted while adjudicating bail application which was impermissible - While need for modern investigative techniques may be true, such investigative techniques cannot be conducted at cost of constitutional guarantees under Arts. 20(3) and 21 - Held, High Court erred in accepting a submission made by Investigating Officer to carry out a narco-analysis test of all accused persons during hearing of bail application . AIROnline 2023 Pat 974-ReversedAIR 2010 SC 1974-Followed (Para 9 10 11 12) (B) Evidence Act (1 of 1872) , S.....