1 cr­wp­3220­09 jdk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRI.W.P. NO. 3220 OF 2009 Manoj Mahadeo Gavade and Ors. ..Petitioners Vs. The State of Maharashtra ..Respondent .... Mr. K.S.Patil Adv. for petitioners Mr.V.B.Konde-Deshmukh APP for State .... CORAM : SMT.V.K.TAHILRAMANI, J. DATE : SEPTEMBER 15, 2010 P.C.: 1 Heard the learned advocate for the petitioners-original accused nos.2 ,4 and 5 and the learned APP for the State. 2 The petitioners-original accused nos.2, 4 and 5 are facing prosecution in Sessions Case No. 215 of 2006 which is pending before the learned Addl. Sessions Judge -1 Sangli. In the said case, the evidence has been led and statements of the accused came to be recorded under Section 313 of Cr.P.C. Along with questions which were asked to accused in statements under Section 313 of Cr.P.C., they were also asked questions in relations to brain mapping and narco analysis tests. The petitioners preferred application Exh. 211 for 2 cr­wp­3220­09 deleting the questions Nos. 341 to 357 wherein they have been asked questions relating to brain mapping and narco analysis tests. By order dated 31.8.2009, the said application came to be rejected, hence, this petition. 3 After the decision of the learned Sessions Judge, the Supreme Court in Smt. Selvi and Ors. Vs. State of Karnataka reported in AIR 2010 SC 1974, has considered the use of brain mapping and narco analysis tests. Obviously as the impugned order was passed by the learned Sessions Judge before the decision in Smt. Selvi (supra) the Sessions Judge had no occasion to consider this decision relating to brain mapping and narco analysis tests. In this view of the matter, I am of the opinion that the following order would subserve the ends of justice: ORDER (1) Order dated 31.8.2009 below Exh. 211 is set aside. The learned Sessions Judge to consider the application Exh. 211 of the applicants afresh after taking into consideration the decision of the Supreme Court in the case of Smt. Selvi and Ors. Vs. State of Karnataka reported in AIR 2010 SC 1974. (2) Petition is disposed of in above terms. [ SMT. V.K.TAHILRAMANI, J.] 3 cr­wp­3220­09