Narco test is relevant in terror casesNovember 18th, 2008 - 10:19 pm ICT by IANS
New Delhi, Nov 18 (IANS) The Delhi High Court Tuesday upheld the validity of narco tests in the investigations of terror related and heinous crimes. “The use of Narco analysis is of particular relevance in the context of terrorism related cases, conspiracy to commit murder and other serious offences where the investigating agencies do not have vital leads,” said Justice Manmohan in his judgement.
“Narco test does not suffer from any constitutional infirmity as it is a step in aid of investigation and any self-incriminatory statement, if made by the accused, cannot be used or relied upon by the prosecution.
Clarifying the test cannot be used as sole evidence to convict the accused, the court said the test is only meant to assist and aid the investigation.
The court made it clear that the test should be conducted at the instance of a police officer not less than the rank of a sub-inspector.
A prior permission of the concerned criminal court has to be obtained and the court would grant permission if the investigating agency’s request is reasonable in the facts and circumstances of the case, the court added.
The court’s judgement came on a petition filed by Shailender Sharma, who is accused of killing his brother’s son, seeking the court’s intervention to restrain the investigating agency from compelling him to undergo the Narco Test.
He was facing the probe on a complaint from Shri Chand that his brother Sharma had allegedly taken his son Chetan in his car and killed him on Mathura Road in south Delhi July 6 last year.