IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 17TH JUNE 2010 / 27TH JYAISTHA 1932 WP(C).No. 7390 of 2010(Q) ----------------------------------------- CRIME NO.21/2008/CBCID/KNR PETITIONER(S): ------------------------ B.M.RAFEEQUE,S/O.ADOO MUHAMMED, AGED 24 YEARS, BADIRA HOUSE,VIDYANAGAR.P.O, KASARAGOD. BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): --------------------------- 1. THE DEPUTY SUPERINTENDENT OF POLICE, CBCID,KANNUR. 2. STATE OF KERALA,REPRESENTED BY THE HOME SECRETARY,DEPARTMENT OF HOME AFFAIRS, SECRETARIAT,TRIVANDRUM. GOVERNMENT PLEADER SRI.KAMMAPPU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = W.P.(c).No.7390 of 2010 = = = = = = = = = = = = = = Dated this the 17 th day of June, 2010 JUDGMENT Petitioner, who is the first accused in Crime No.21/2008/CBCID/KNR, challenges the order passed by the J.F.C.M-I, Kasaragod on Ext.P1 application submitted by the Investigating Officer for permission to subject the petitioner to polygraph and narco analysis test. The impugned order is dated 27.10.2009. The request for the aforesaid two tests were opposed by the petitioner but was granted as per the impugned order. 2. In the light of the recent pronouncement of the Apex Court in Selvi and others v. State of Karnataka (2010(2) KHC 412), a person accused of an offence cannot be subjected to the above tests without his consent or against his will. Hence, the order dated 27.10.2009 passed by the J.F.C.M, Kasaragod is quashed. This Crl.M.C is allowed as above. Dated this the 17th day of June, 2010. V. RAMKUMAR, JUDGE sj