Does the police need to take permission of the court before conducting narco analysis on an accused? if yes, then under what provision of law does the court of Magistrate grant permission for conducting narco analysis?
Rashpreet Kaur Alang (Student) 08 January 2010
Does the police need to take permission of the court before conducting narco analysis on an accused? if yes, then under what provision of law does the court of Magistrate grant permission for conducting narco analysis?
deepthi puthiyaveetil (student) 29 January 2010
the hon'ble high court of kerala in one of its recent verdicts has held that no court order is required to conduct narco analysis.
Rajan Salvi (Lawyer) 29 January 2010
Please give details of the judgment.. or post it here. Thanks in advance.
deepthi puthiyaveetil (student) 30 January 2010
A court in Kerala recently pronounced that no court order is required to do a narco analysis, Disposing of a petition filed by the CBI seeking permission of the court, the magistrate said that filing this type of a plea would only delay the investigation. The court said nobody could stand in the way of the investigating agency conducting tests recognized as effective investigation tools. When the technicalities of the test itself are not clear and uniform, it becomes difficult to accept the stand taken by the court.
For more details click the below link:
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE09271971251
e.mail.adv.nbsawant@yahoo.co.in
REGARDING NARCO TEST KINDLY NOTE THAT.
1.IN CASE ANY ACCUSED IS ARRESTED IN ANY CRIMINAL CASE UNDER ANY SERIOUS CHARGES OF INDIAN PENAL CODE HAVING CAPITAL PUNISHMENT THEN HE IS IN POLICE CUSTODY AND IS KEPT IN POLICE STATION LOCK UP FOR FOURTEEN DAYS AND THEN HE IS TAKEN IN TO MAGISTRATES CUSTODY AND SENT TO JAIL UNDER JAIL DEPT.
2.KINDLY NOTE THAT WHEN ACCUSED IS ARRESTED HE OR SHE SHOULD BE PRODUCED IN COURT AND COPY OF F.I.R.AND REMAND APPLICATION OF POLICE IS SUBMITED TO THE COURT AND COURT DECIDES WHETHER ACCUSED SHOULD BE ALLOWED POLICE CUSTODY OR MAGISTRATES CUSTODY.IN POLICE CUSTODY POLICE CAN CONDUCT ALL TESTS OF COURSE WITH PERMISSION OF COURT IBY MOVIG AN APPLICATION AND TAKING COURT ORDER ON THE SAME.IN CASE THEY WANT TO SAFE GUARD THEIR ACTION AGAINST ACCUSED.
3.BUT IN CASE THE ACCUSED IS IN MAGISTRATES CUSTODY POLICE HAVE TO TAKE PERMISSION OF COURT BY MOVING AN APPLICATION IN THE COURT FOR CONDUCTING ANY TYPES OF TESTS AGAINST ACCUSED.NARCO TEST IS A SPECIAL AND EXPERT OPENION IS SOUGHT AND THE CONSIDERABLE COST IS INVOLVED HENCE IT WILL BE IN THE INTEREST OF POLICE AUTHORITIES TO SEEK PERMISSION AND ORDER OF HONOURABLE COURT REGARDING NARCO TEST AND COST ALSO.
IN CASE ANY FURTHER HELP IS REQUIRED KINDLY WRITE AND SEND DETAILS WILL HELP
WITH BEST REGARDS TO ALL CONCERNED.
THANKING YOU
YOURS SINCERELY
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
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