1 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.648 OF 2009 Pravin Suresh Thombre .. Petitioner -versus The State of Maharashtra .. Respondent. Mr. Milind Deshmukh, for the petitioner. Ms S. V.Gajare, APP for the respondent State. CORAM: J. H. BHATIA, J. DATED: 12th July, 2010 P.C. 1. The trial Court had firstly passed order on 16th January, 2009, allowing the police to subject the present applicant to NARCO test. That order was challenged by the applicant in Revision Application No.7 of 2009. That revision application was dismissed on 4.3.2009 by the Sessions Court. It appears that pending that revision application, fresh application was made by the Police on 16.2.2009 informing that the Assistant Director, Foreignsic Laboratory had asked for the order from the Court before undertaking NARCO test. On that basis fresh order dated 5.3.2009, was passed by J.M.F.C. Malshiras permitting NARCO test. wp648of09.sxw 2 That order is challenged in the present Revision Petition. 2. Heard learned counsel. It is settled by the Supreme Court, in Smt Selvi -vs- State of Karnataka 2010 (4) SCALE, that the accused in a Criminal Case cannot be subjected to NRCO test without his consent. Apparently there was no consent in the present case. Therefore, the impugned order stands set aside, and it is made clear that the Police shall not subject the applicant to NARCO test without his consent in writing. 3. The Writ Petition stands disposed of accordingly. (J. H. BHATIA, J.) wp648of09.sxw