Gujarat High Court– Allowing a plea by applicants to undergo lie detector test or narco analysis test, G.B. Shah J, agreed with view of the trial Court that narco analysis test is always to be in the aid of investigation and cannot be accepted as an evidence of a particular fact, but modified the impugned order stating that the particular fact or any fact comes after the said test is carried out by the concerned authority after following due procedure.
S.K. Bagga, learned advocate for the applicants submitted that no specific finding has been given for not allowing the narco analysis test/lie detector test and placed reliance on the decision of the Supreme Court in the case of Purshottam Swaroopchand Soni v. State of Gujarat, 2007(3) GLR 2088 wherein the Court observed ‘in a matter where it is the case of the accused that he is falsely involved, he should be permitted to give evidence in any form whether it be in the form of oral deposition before the Court or in the form of scientific nature like that of Brain-mapping test’. After careful perusal of the submissions and the observations the Court observed that it can be concluded from the impugned order that the learned trial Judge has observed to the effect that lie detector test or Narco analysis test is always to be in the aid of investigation and cannot be accepted as an evidence of a particular fact. There is no dispute as to this observation but the particular fact or any fact comes after the said test is carried out by the concerned authority after following due procedure. Under the circumstances, keeping in mind the ratio laid down by the Supreme Court the present Criminal Revision Application deserves to be partly allowed and the impugned order passed by the trial court requires to be modified. [Vinodbhai Gagandas Vanjani v. State Of Gujarat, 2016 SCC OnLine Guj 302, decided on 3.05.2016]
