Rakesh Dattatraya Dhawde vs The State Of Maharashtra
2017 Latest Caselaw 4837 Bom

                                                                    WP/235/2009
                                        1

      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 BENCH AT AURANGABAD

           922 CRIMINAL WRIT PETITION NO.235 OF 2009

 Rakesh Dattatraya Dhawde,
 Age 43 years, Occu. Business,
 R/o Flat No.3, Manini Apartments,
 Last Bus Stop of Dhayari Gaon,
 Pune.                                                 ...        Petitioner
                  Versus
 1.       The State of Maharashtra,
          Through Superintendent of Police,
          Nanded, Dist. Nanded.

 2.       Police Inspector,
          Bhagyanagar Police Station,
          Nanded.

 3.       The Superintendent of Police,
          Central Bureau of Investigation (CBI),
          Nagpur.                                      ...        Respondents

                             WITH
              CRIMINAL WRIT PETITION NO.238 OF 2009

 Rakesh Dattatraya Dhawde,
 Age 43 years, Occu. Business,
 R/o Flat No.3, Manini Apartments,
 Last Bus Stop of Dhayari Gaon,
 Pune.                                                 ...        Petitioner
                  Versus
 1.       The State of Maharashtra,
          Through Superintendent of Police,
          Jalna, Dist. Jalna.

 2.       Police Inspector,
          Sadar Bazar Police Station,
          Jalna.

 3.       Police Inspector Local Crime Branch,
          Jalna, District Jalna.                       ...        Respondents

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                                                                       WP/235/2009
                                       2



                               ...
 Mr. S.W.Munde, AGP for State/Respondent Nos.1 & 2
                               ...

                               CORAM : T.V.NALAWADE, AND
                                       SUNIL K. KOTWAL, JJ.

DATED : 20th July, 2017

ORAL JUDGMENT (Per Shri. T.V.Nalawade, J.) :-

1. Both the proceedings are filed for challenging the orders

made by the learned Judicial Magistrate (First Class), Nanded and

learned Chief Judicial Magistrate, Jalna and also the decision given by

the learned Additional Sessions Judge, Jalna in Criminal Revision

No.19/2009. The Court has allowed the application made by the

investigating agencies to conduct the Narco Analysis Test of the

petitioners. Nobody turned up for petitioners. In view of the law

settled, on this point learned APP is heard.

2. In the case reported in Selvi and others Vs. State of

Karnataka [(2010) 3 SCC 558], the Hon'ble Supreme Court has laid

down that, the test of aforesaid nature affect the privacy of the persons

and further such test cannot be allowed against the accused persons as

it also violates the right given under Article 20(3) and Article 21 of

Constitution of India.

WP/235/2009

3. In view of the settled position of law, this Court holds

that, the petitions deserve to be allowed. Both the petitions are

allowed. The orders made by Judicial Magistrate (First Class),

Nanded and Chief Judicial Magistrate, Jalna, which are challenged in

this petition are quashed and set aside. Order passed by the Additional

District & Sessions Judge, Jalna is also quashed and set aside. The

revision is allowed for giving the relief to the accused persons.

4. Rule made absolute in these terms in both the

proceedings.

(SUNIL K. KOTWAL, J.) (T.V.NALAWADE, J.)

...

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