1 IN THE HIGH COURT OF JUDICATURE AT MUMBAI APPELLATE CRIMINAL JURISDICTION CRIMINAL WRIT PETITION NO.1913 OF 2009 Moulana Abbas Mohammad Hanif Bagwan ...Petitioner. v. The State of Maharashtra ...Respondent. None For the Petitioner. Smt.V.R.Bhosale, APP For the Respondent No.1/State. CORAM : J.H. BHATIA, J. DATED : JUNE 18, 2010 P.C. 1 Petitioner has challenged the order passed by the J.M.F.C., Solapur for permitting investigating agency to conduct psychological test, commonly known as Narco test, on the accused persons and also the order passed by the Ad-hoc Additional Sessions Judge-3 in Criminal Revision Application No.129 and 130 of 09 dismissing the revision applications. Even though none is present for the petitioner, the learned APP makes a statement that now in view of the directions given by the Supreme Court in Smt. Selvi and Ors v. State of Karnataka 2010(2) Crimes 241 (SC), such a test can not be held except with the consent of the accused and investigating agency will act accordingly. Admittedly in the present case, accused persons had opposed the prayer of investigating agency for such a Narco test and in spite of their objection permission 2 was granted. The orders are in conflict with the Supreme Court judgment in Smt. Selvi (Supra). 2 Therefore, writ petition is allowed. Impugned orders are hereby set aside. (J.H. BHATIA,J.)