Mumbai: A special court Tuesday rejected an application filed by the CBI, seeking to conduct a polygraph and narco-analysis test on Gokulnath Shetty, former deputy manager of Punjab National Bank.
As per the rules, an agency wanting to carry out such a test needs to take prior permission from the accused and in this case, Mr Shetty did not give his consent for the same.
CBI counsel A. Limosin had filed the application, seeking to conduct a polygraph and narco-analysis test on Mr Shetty, on grounds that during his police custody, Mr Shetty did not divulge any information with regard to the huge PNB fraud.
Advocate Limosin contended that the CBI wanted to carry out these tests with a view to ascertaining Mr Shetty’s motives and the undue pecuniary advantage gained by him as one of the main conspirators.
Mr Shetty had denied consent for these tests on grounds of ill health and that he cooperated with the probe agency during investigation and that on the basis of the information provided by him, the CBI filed the chargesheet against him.
He had also contended that the purpose for which the test was sought wasn’t related to the case and the subject matter thereof.
After hearing the arguments, special CBI Judge V.C. Barde held that the accused had denied consent for these tests and considering the Supreme Court judgment cited by the accused, the CBI could carry out no such test in the absence of consent.