(1) CRI. WP. 1012.2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO.1012 OF 2010 The State of Maharashtra PETITIONER VERSUS Atmaram Punjaram Wagh RESPONDENT ..... Mr. P.P. More, A.P.P. for the petitioner-State. ..... CORAM : V.R. KINGAONKAR, J. DATED : 6TH DECEMBER, 2010 ORAL ORDER:- 1. Heard learned A.P.P. 2. By this Petition, the petitioner-State challenges order dated 21.8.2010 rendered by the learned Additional Sessions Judge, Jalna, whereby the Application seeking directions to the accused- respondent to undertake brain mapping and narco- analysis test came to be rejected. 3. The Apex Court has clearly held that the accused cannot be subjected to such scientific tests against his will. In "Smt. Selvi and ors. Vs. State (2) CRI. WP. 1012.2010 of Karnataka and others 2010(2) SC 340" the Apex Court settled the legal issue regarding the permissibility of such tests viz narco analysis and brain mapping. It is held that such tests are against the provision of Article 20(2) of the Constitution and therefore, the accused cannot be compelled to undertake such tests. 4. The impugned order rendered by the Sessions Judge is therefore legally sustainable. No interference is called for. Dismissed. Sd/- [V. R. KINGAONKAR, J.] arp