IN THE HIGH COURT OF JUDICATURE AT BOMBAY: NAGPUR BENCH: NAGPUR CRIMINAL APPLICATION NO.1219/2008 Bablu @ Firoz @Andda s/o Shafat Ahmed Ansari & anor ..vs.. State ================================= CORAM: S.R. DONGAONKAR,J. DATE:28.3.2008. Heard Mr. Rizwy, Advocate for the applicants. Notice. Mrs Khade, A.P.P. waives notice for state. Heard finally with the consent of parties. The applicant, by this application under section 482 of Cr.P.C. is challenging the order of the J.M.F.C. Kamptee dated 19.3.2008 in Crime No.293/2007, of P.S. Kamptee, which reads as under: 1] The Police Inspector, Police Station, Kamptee is permitted to conduct the Narco Analysis, Brain and Lye Detection Tests of accused Bablu @ Firoz @ Anda Safad Ahmad Ansari, age 28 years, resident of Gujri Bazar, Kamptee and Raju @ Jitendra Raghuvir Tiwari, age 32 years, resident of M.I.D.C. Zopadpatti, Kalameshwar. 2] The Police Inspector, P.S. Kamptee is directed to obtain the necessary information from the concerned authority and to do necessary things in respect of tests on priority basis. 3] Issue letter to the Jail authority for handing over accused on the day of conducting the the Narco Analysis, Brain Maping and Lye Detection Tests. 4] Parties to note.” Learned counsel while contending that the order of the learned trial Judge is not in conformity with law, has relied on the observations of this court in Criminal Writ Petition No.780/2005, in which final order was passed thus: “24] To sum up, the challenge to the order passed by the learned Additional Sessions Judge is legally not tenable, the impugned orders are therefore, confirmed with following modifications: a) Should the Investigating Officer still desires to subject the petitioner to Narco Analysis, since the procedure involves invasion of petitioner's person, the Investigating Officer shall apply to learned Magistrate for direction to have the petitioner throughly examined by expert with a particular reference to her ailments and possible side effects of drug injected for Narco Analysis. b) The learned Magistrate shall cause medical opinion to be explained to the petitioner, if necessary, by taking assistance of the Medical Social Worker. c) The learned Magistrate shall also inform the petitioner all the possible implications of petitioner's refusing to give her consent for undergoing Narco Analysis, if it is not likely to cause any medical side effects. d) The learned Magistrate shall give sufficient time to the petitioner to reflect upon medical opinion as well as possible implications of refusal to give consent and then ask the petitioner whether she consents to undergo Narco Analysis. e) Should the petitioner refuse to undergo Narco Analysis without there being any fears of any side effects of drugs to be used in Narco Analysis, the learned Magistrate shall weigh undesirability of invasion of human person against the interest of the society in eliciting information in order to book criminals and decide whether the petitioner should be subjected to Narco Analysis even without her consent and issue appropriate directions. The petition is disposed of in the above terms.” Learned counsel further submits that the learned trial Judge should have considered the observations of this court in Criminal Writ Petition No.780/2005 while passing such order. Learned A.P.P. does not have any specific objection. Hence it is necessary to set aside the impugned order of the learned trial Judge. Accordingly it is set aside with a direction to consider the application of the Investigating Authority in terms of the observations of this court in Criminal Writ Petition No.780/2005 and pass appropriate order.. The application stands disposed of in the above terms. Inform the learned trial Judge. Applicant is directed to place the copy of the judgment of this court in Criminal Writ Petition No.780/2005 before the learned Trial Judge, at the time of consideration of his application denovo. JUDGE smp.