The court of the Central Bureau of Investigation (CBI) special magistrate, Haryana, has refused permission for a narco test of chief judicial magistrate (CJM) Ravneet Garg in his wife's murder case. CBI special magistrate Bhawna Jain reasoned that as Garg himself refused to undergo the test, she had disallowed the CBI application for the same.
In a narco test, the subject's imagination is neutralised by making him semi-conscious, making it difficult for him to lie. A dissolved chemical solution is injected into the subject with a dose depending on the person's sex, age, health and physical condition.
The CBI court pointed out how Garg "cleverly" drafted his submissions before the court where he put up a condition that for giving consent for narco analysis, the CBI must give an undertaking in the court, from some responsible officer of the CBI not less than the rank of superintendent of police (SP), that narco analysis will not adversely affect his health.
Garg had claimed that he had come to know that the narco analysis test might cause problems related to brain, heart, eyes, ears and respiration. The CBI judge said Garg had put up the condition of an affidavit from the CBI but he had not mentioned a single instance where such an affidavit had been given by the investigating agency. She added that no study had been cited by Garg which confirmed that the health of a person undergoing narco analysis deteriorated.
In an earlier order on November 14, the court had allowed brain mapping of Garg as he consented for the same. The brain mapping test is done to map the brain to reveal any 'guilty knowledge'. It also helps to know whether a suspect's brain matches information with that of the scene of the crime. Garg underwent the lie detection test on August 21 and September 17.
Vishal Garg Narwana, counsel for the CJM, said, "My client has never refused to undergo narco analysis. We were just concerned about his health and we had cited certain instances. Earlier, we had given our consent for brain mapping and lie detection tests."