IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. Revision No. 50 of 2009. Date of Decision: 30.6.2010.. _______________________________________________ Bhupinder Singh Thind. ….Petitioner. Versus. State of H.P. ….Respondent. Coram: Hon’ble Mr. Justice Dev Darshan Sud, Judge. Whether approved for reporting1?yes. For the petitioner : Mr. Ajay Kochhar, Advocate. For Respondent. : Mr. R.K.Bawa, Advocate General with Ms. Ruma Kaushik, Addl. Advocate General. Dev Darshan Sud, J.(Oral). The petitioner has challenged the order passed by the learned Special Judge, Solan, District Solan, H.P., whereby the application under Section 53 of the Code of Criminal Procedure filed by the State for subjecting the petitioner herein to Narco analysis test has been allowed. The concluding part of the application reads: “The Narco analysis of the accused is essential, so as to facilitate the investigation of this case and to find out where and how Rs.6 lac taken by B.S.Thind from Ashok Mittal has been used. It is therefore, respectfully prayed that accused may please be directed to appear before SDPO Parwanoo on dated 12.4.2009 so that he may be taken to Gujarat for the test mentioned above in the interest of this case. The dates fixed by directorate of forensic science, Gujarat for the Whether reporters of the Local papers are allowed to see the judgment?yes. 2 NARCO test are w.e.f. 13.04.2009 to 18.04.2009.” 2. This application was allowed by the learned Special Judge after taking into consideration the existing law on the date as and when the petition was disposed of. The learned Special Judge, after consideration of the entire case law held that the objections of the petitioner could not be sustained and that he be subjected to Narco analysis test after ascertaining that he is medically fit to undergo such examination. I need not to go into the points urged as the Supreme Court vide its judgment dated 5th May, 2010 in Criminal Appeal Nos 1267 of 2004, 54 of 2005, 55 of 2005, 56-57 of 2005, 58-59 of 2005, 1199 of 2006/2007 and Nos. 987 & 990 of 2010 (Arising out of SLP (Crl.) Nos. 10 of 2006 and 67 of 2007) titled Smt. Selvi and others Vs. State of Karnataka has since declared that the Narco analysis test is un-constitutional when the person gives his informed consent and is medically fit. 3. In these circumstances, this petition is allowed. The judgment and order passed by the learned Special Judge is quashed and set aside. It will be open to the prosecution to move any other application in accordance with law at an appropriate stage. (Dev Darshan Sud), Judge. June 30, 2010(R) 3