SRJ 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 2430 OF 2008 Roshanlal alias Babulal Jain .. Petitioner v/s. The State of Maharashtra .. Respondent. Shri VijayGharat, for the Petitioner. Smt. V.R.Bhosale, A.P.P. for Respondent. CORAM : J. H.BHATIA, J. DATE : 6th JULY, 2010. P.C. 1. Heard learned Counsel for the parties. 2. The Petitioner is accused No.1 in Crime No.21 of 2007, registered by Kasa Police Station, Thane under different sections. D.Y.S.P.,C.I.D., Flying Squad, Pune moved an application before J.M.F.C., Dahanu seeking permission for conducting brain mapping and narco analysis test of the present Petitioner. Application was opposed by the Petitioner. However, learned Magistrate passed the impugned order dated 12th September, 2008 SRJ 2 permitting the investigating agency to conduct brain mapping and narco analysis test. That order was challenged in Criminal Application No.24 of 2008. Revision Application came to be rejected. Hence, this Petition. 3. Admittedly, now the question has been settled by the Supreme Court in the case of Smt.Selvi & Others v/s. State of Karnataka, 2010(2) Crimes 241 (SC). In view of that, without the consent of accused, investigating agency cannot subject the accused or any person to such test. The learned A.P.P. makes a statement that in view of the said judgment of the Supreme Court, police will act accordingly. 4. In view of this, Petition is allowed. The impugned order is hereby set aside. Investigating agency shall not subject the applicant to brain mapping test or narco analysis test without his consent. 5. Petition stands disposed off accordingly. [J.H.BHATIA,J. ]