Narco Analysis Test is relevant in terror cases: HC

Amidst criticism over subjecting accused persons to Narco Analysis Test, the Delhi High court has upheld its validity stating that the test is essential in view of growing terrorism related cases 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 a recent judgement. "In my opinion the Narco Analysis 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," observed the court and asked a man, accused of murder of his own nephew, to undergo the test within a period of two months. "Having regard to the proliferation of crimes against society, it is necessary to keep in mind the necessity of society at large and the need of a thorough and proper investigation against individual rights while ensuring that the constitutional rights are not infringed," the judgement further said. Clarifying that 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 below 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.

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