HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION NO.3137 OF 2010 Date: 19.04.2010 Between: Patan Khaja Babu @ Babu and 3 others ……Petitioners And: The State of A.P., rep. by its PP. ……Respondent. HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION NO.3137 OF 2010 ORDER: This petition is filed by the accused questioning concurrent orders of both the Courts below i.e., order dated 23.11.2009 passed by the I Additional Judicial Magistrate of the First Class, Narasaraopet in Criminal M.P.No.3543 of 2009 in Crime No.352 of 2006 of Central Crime Station, Guntur Town which was confirmed by Judge, Family Court cum Additional Sessions Judge, Guntur in Criminal Revision Petition No.167 of 2009 by order dated 05.03.2010, by which the court below granted permission to the investigating officer to perform NARCO Analysis Tests on the petitioners who are accused of offences punishable under Sections 457 and 380 IPC. It is noted by the lower court that the petitioners/A-1 to A-4 are involving in offences which involved public money of Rs.3,75,00,000/-. It is contended by the Additional Public Prosecutor that part of the property was seized and that investigation is not completed and is pending regarding seizure of further property. First grievance of the petitioner’s counsel is that there is no guarantee given by the police on future health condition of the petitioner’s in case NARCO Analysis test is conducted by administering truth serum or sodium pentathlon into body of the petitioners. NARCO Analysis test is conducted in the presence of qualified medical practitioners and scientists. In case any mishap occurs during conducting of NARCO Analysis test then the State will have to face the consequences. No instance is cited to show that any of the persons who were subjected to NARCO Analysis tests suffer any mishap during or after the test. It is contended by the petitioners’ counsel that the Supreme Court granted stay in respect of conduct of NARCO Analysis tests in the country. No such order of the Supreme Court is produced by the petitioners’ counsel before this Court. To the knowledge of this Court, there is no such general stay order in all cases of conducting of NARCO Analysis tests irrespective of the fact whether such tests are questioned in any proceedings before the Supreme Court or not. Placing reliance on Jitubhai Babubhai Patel v. State of Gujarat[1] and contended that consent of the accused is a pre-condition for conducting of NARCO Analysis test. Full text of judgment of the Supreme Court is not placed before this Court. Only record of proceedings in that matter are noted in the above citation. It shows that when the accused raised question whether NARCO Analysis test could be conducted without his consent, the State in that case made categorical statement that it would not conduct the said test without consent of the accused. Therefore, the Supreme Court declined to decide the said question stating that in view of submission made by the State, that point in issue became only academic and that the question is left open to be decided in appropriate case. Thus, there are compelling reasons for this Court to interfere with concurrent orders passed by the Courts below. No other point is urged by the petitioners’ counsel before this Court during hearing of this petition. In the result, the petition is dismissed. ___________________________________ SAMUDRALA GOVINDARAJULU,J Date:20.04.2010. Gk. HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION NO.3137 OF 2010 Date: 20.04.2010 Gk. [1] (2005) 10 Supreme Court Cases 545