The Supreme Court on Monday set aside a Patna High Court order that had permitted narco-analysis tests on accused persons without their consent [Amlesh Kumar v. State of Bihar]..The Court held that such coercive techniques strike at the heart of fundamental rights and cannot be used even at the stage of bail.A bench of Justices Sanjay Karol and Prasanna B Varale ruled that the High Court had erred in accepting the investigating officer’s proposal to conduct narco-analysis tests on all accused, including petitioner Amlesh Kumar, while hearing his bail plea. .Such an approach, violates Articles 20(3) and 21 of the Constitution and runs contrary to the law laid down in Selvi v. State of Karnataka, the Court stated. “The High Court’s acceptance of a proposed narco-analysis test, without consent, is unconstitutional and amounts to an impermissible investigative shortcut in a bail proceeding,” the Court held..A bail court cannot convert itself into a “mini trial court” by allowing such invasive procedures, the Bench underscored..The case pertained to the alleged disappearance of accused Kumar’s wife in August 2022. The police suspected foul play and sought to subject all accused and witnesses to narco-analysis. The High Court in November 2023 accepted this submission as part of the ongoing investigation and deferred consideration of bail. This prompted Kumar to appeal before the apex court..The Supreme Court made it clear that even voluntary narco tests cannot, by themselves, become the basis of conviction and any evidence discovered thereafter must comply with Section 27 of the Evidence Act and strict procedural safeguards."There is no indefeasible right to seek narco-analysis even voluntarily,” the Court further said..Therefore, the Court set aside the High Court’s interim order and directed that Kumar’s bail application be considered on merits. The Court also acknowledged the assistance of Senior Advocate Gaurav Agrawal, who appeared as amicus curiae in the matter..[Read Judgment]
