Mumbai Magistrate Court Rejects Narco analysis Test Request for RPF Constable

Narco Analysis Test LAW INSIDER

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Published on: 28 August 2023 at 15:48 IST

A Mumbai Magistrate court has denied an application seeking a narcoanalysis test on Railway Protection Force (RPF) constable Chetan Singh, stating that an accused cannot be forced to undergo it.

RPF constable was apprehended for fatally shooting four individuals, including his superior, while aboard the Jaipur-Mumbai Central Superfast Express on July 31.

The court highlighted that an accused cannot be coerced into undergoing a narcoanalysis test, as it is their fundamental right to remain silent.

The prosecution had sought permission for narcoanalysis, brain mapping, and polygraph tests, arguing that the crime was severe.

Magistrate SM Patil noted that when Singh was under police custody, he was consulted through the investigating officer. During this interaction, the accused expressed no objection to the tests being conducted on him.

However, when Singh appeared before the Magistrate in person and was asked about his consent, he declined and submitted a separate statement to the court.

In this subsequent statement, Singh did not agree to the tests due to health reasons.

After considering input from the accused, his legal representatives, and the prosecution, the Magistrate addressed the question of whether the accused could be compelled to take the test, given his lack of willingness.

Following a review of Supreme Court judgments, the court concluded that no individual should be forcibly subjected to such tests. Therefore, the Magistrate ruled that since the accused declined the tests and to protect his fundamental rights, the application for the tests must be rejected.

Chetan Singh is currently in judicial custody for the fatal shootings, which occurred in two coach compartments and a pantry car, causing turmoil among passengers.

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