1 cri-wp-1043-08 jdk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRI.W.P. NO. 1043 OF 2008 Deepak Anna @ Deepak Morarji Thakkar and Anr. ..Petitioners Vs. The State of Maharashtra ..Respondent .... Mr. Amin Solkar Adv. for Petitioner Smt. A.A.Mane APP for State .... CORAM : SMT.V.K.TAHILRAMANI, J. DATE : SEPTEMBER 28, 2010 P.C.: 1 Heard the learned advocate for the petitioners-original accused and the learned APP for the State. Rule. By consent, rule made returnable forthwith. 2 The petitioners are accused in CR No.II-10 of 2004 under Sections 3 and 7 of the Essential Commodities Act. The case is numbered as RCC No. 100 of 2007 and it is pending before the learned J.M.F.C. Satana. The Investigating Officer has filed applications Exhs. 2 cri-wp-1043-08 41 and 42 for permission to carry out narco analysis test, brain mapping and polygraph test of accused Arvind Bhatiya and the petitioners i.e. Deepak Thakkar and Daglous David Thiraviyam. After hearing both sides, the learned Magistrate by order dated 12.10.2007 granted permission to carry out the above tests. Being aggrieved thereby the petitioners preferred CRA No.159 of 2009 before the learned Sessions Judge, Malegaon and co-accused Arvind Bhatiya preferred CRA No.160 of 2009. The learned Sessions Judge by common order dated 1.3.2008 dismissed the said revision applications and confirmed the order of the learned Magistrate. Hence, the petitioners have approached this Court. 4 Recently, the Hon'ble Supreme Court had an occasion to consider the issue regarding conducting of narco analysis test, brain mapping and polygraph test of an accused in the case of Smt. Selvi and Ors. Vs. State of Karnataka, reported in AIR 2010 SC 1974. The Supreme Court held that no individual should be forcibly subjected to any of the techniques in question in the context of investigation in criminal cases or otherwise. Obviously, in the present case, as the accused have not consented to undergo the said tests, they cannot be forcibly made to undergo the said tests. In view of the decision of the Supreme in Smt.Selvi (supra), the order dated 12.10.2007 passed by 3 cri-wp-1043-08 the learned J.M.F.C. Satana below Exhs. 41 and 42 in RCC No. 100 of 2007 and the order dated 1.3.2008 passed by the learned Sessions Judge, Malegaon in revision are set aside. 5 Petition is allowed. Rule made absolute in above terms. [ SMT. V.K.TAHILRAMANI, J.]