Querist :
Anonymous
(Querist) 29 December 2009
This query is : Resolved
in the sec 381 of I.P.C is it possible for procecution to demand narco test and brain mapping, and court already granted 16 day Police custody and 13 day Judicial Custody to the accused.
is it voilate constitution right under art-21, because already sufficient time had been granted to Procecution.
kanhaiyalal ojha
(Expert) 29 December 2009
No ther is not violation of any constituional provisions. Every body is duty boound to discharge his duty for the estblishment of the deginity of law. K L Ojha, advocate, Jharkhand High Court, Ranchi, Chamber at : Opposite Reliance mart, Kanke Road, Ranchi-8,Jharkhand. M- 094319020920.
bhupender sharma
(Expert) 29 December 2009
it is strange that the maigstrate has grnated 16 days which is beyond the prescribed period so far as the narco test is concerned it is not a x-ray the precaution is to be taken as it has the side effect also the court has to exercise its discretion judiciously which is in favour of rule of law.
Raj Kumar Makkad
(Expert) 29 December 2009
Definitely the constitutional rights available to even detunu have openly been violated in the given matter and complaint to higher court can be made against the procedure adopted by trial magistrate.
Trouble Logging in? Try following the given steps -
1. Visit your inbox to find a confirmation mail from LAWyersClubIndia.
2. Click on the confirmation link and confirm your signup