A suspect in the Malegaon blast case, Noorulhodha Samsudoha, has approached the Bombay High Court seeking that police be restrained from conducting narco analysis test on him.
While refusing to grant interim stay on the test on October 23, vacation judge Justice AV Mohta has kept the matter for hearing on Wednesday.
Samsudoha was arrested on October 8 for allegedly being a member of banned outfit Students Islamic Movement in India (SIMI) under Unlawful Activities Prevention Act. Police suspect him to be involved in the Malegaon blasts.
Amin Solkar, advocate for Samsudoha, argued that he (Samsudoha) was already subjected to the brain mapping test and lie detector test at Bangalore. Besides, he is not yet formally arrested in the Malegaon blasts case.
After his arrest, police sought permission to conduct scientific tests on him, said Solkar. The police sought permission to carry tests on him in order to find out whether he is involved or not, argued Solkar, adding that such a thing cannot be permitted.
Public prosecutor AR Patil opposed the application stating that although Samsudoha was not booked for the blasts there is no bar for conducting tests on suspects for getting leads in investigation.
The local magistrate had refused to grant permission for the tests which was reversed by the sessions court at Malegaon. Samsudoha has approached the High Court challenging the order of the sessions judge granting permission for conducting the scientific tests.
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