Jaipur: The Rajasthan high court has ruled that an accused cannot be forced to undergo a narco analysis test and can withdraw consent at any time before the test is conducted.Justice Anoop Dhand, in an order uploaded on March 17, said that refusing to allow withdrawal of consent would amount to compelling the accused to undergo the test against his will, in violation of fundamental rights under Articles 21 and 20(3) of the Constitution, including the right to life and personal liberty and the right against self-incrimination.The court observed that conducting the test after consent has been withdrawn would violate fundamental rights, as an accused cannot be compelled to become a witness against himself.The case stems from an FIR registered in 2014 at Chirawa police station in Jhunjhunu district under IPC Sections 363 and 366. During the investigation, the investigating officer sought permission from the Judicial Magistrate, Chirawa, to conduct a narco analysis test on accused Subhash Saini. Saini had initially agreed to undergo the test but later withdrew his consent and filed an application on July 6, 2015. The Magistrate rejected his plea on July 9, 2015. Saini then moved the high court, which allowed the criminal writ petition and quashed the magistrate’s orders dated May 18, 2015, and July 9, 2015. Explaining narco analysis, the court said it is a psychological and forensic tool used to extract hidden information during investigations. tnn
