1 IN THE HIGH COURT OF JUDICATURE AT MUMBAI APPELLATE CRIMINAL JURISDICTION CRIMINAL WRIT PETITION NO.609 OF 2009 Pratibha V. Bamane & Ors. ...Petitioners. v. State of Maharashtra ...Respondent. Mr. Harshad Inamdar i/by M.S.Karnik,advs. For the Petitioners. Smt.V.R.Bhosale, APP For the Respondent No.1/State. CORAM : J.H. BHATIA, J. DATED : JUNE 18, 2010 P.C. 1 Heard the learned counsel for the Parties. The trial Court had rejected the prayer of the investigating agency to have Narco test of the petitioners/accused. That order was set aside by the learned 4th Additional Sessions Judge, Solapur by the impugned order dated 6th March, 2009 in Criminal Revision Application No.145/08. The learned Additional Sessions Judge had permitted the investigating agency to conduct Narco test on the accused even though they had opposed it. In this respect, law has been laid down by the Supreme Court in Smt. Selvi and Ors. v. State of Karnataka 2010(2) Crimes 241 (SC) and guidelines are given in paragraph 223 of the judgment. In view of that, Narco test cannot be held except on the basis of consent of the accused. As in this case, there was no consent of the accused, any such Narco test 2 would be in violation of the Supreme Court directions. The learned APP makes a statement that investigating agency would follow the guidelines given by the Supreme Court. 2 In view of these circumstances, petition is allowed and the impugned order is hereby set aside. (J.H. BHATIA,J.)