Chaitanya Bhardwaj @ Chaitanya vs State Govt Of Nct Of Delhi & Anr.
2010 Latest Caselaw 5217 Del

                 * IN THE HIGH COURT OF DELHI AT NEW DELHI

                                                 Date of Reserve: November 01, 2010
                                                   Date of Order: 16th November, 2010
+ Crl.M.C.No. 3127/2009
%                                                                  16.11.2010

       Chaitanya Bhardwaj @ Chaitanya          ... Petitioner
                          Through: Mr. Saifi Ahmad, Advocate

               Versus


       State Govt. of NCT of Delhi & Anr.        ... Respondents
                           Through: Mr. Sunil Sharma, APP for the State
                           with Inspector Suresh Kumar


JUSTICE SHIV NARAYAN DHINGRA

1. Whether reporters of local papers may be allowed to see the judgment?

2. To be referred to the reporter or not?

3. Whether judgment should be reported in Digest?

JUDGMENT

This petition has been preferred against the order dated 1st

September, 2009 of learned MM whereby the learned MM permitted the Investigating

Officer to go ahead with Narco Analysis and Brain Mapping Test of the accused

despite opposition by the accused. Although the learned MM had directed for

observing certain safeguards, however, in view of judgment of Supreme Court in

Smt. Selvi & Ors. v. State of Karnataka JT2010(5)SC11, this petition has to be

allowed as Supreme Court has observed that this test can be conducted only with the

consent of the accused. As there is no consent given in the present case, the order

of the trial Court, in view of latest legal position, cannot stand. The petition is

allowed. The order dated 1st September, 2009 of learned MM is set aside.

November 16, 2010                              SHIV NARAYAN DHINGRA, J.
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