Narco Tests

Narco tests.
Recently the Apex Court has said that the mapping and Narco tests are against Article 20[3] of the Constitution of India. Yes it is true. Even after 63 years of independence we have no sufficient funds to provide ultra modern instruments, equipments and other facilities for proper investigation by even CBI or other national agencies. Not to talk about the state-investigating agencies. Even for economic offences the Economic wing has no special experts who have experience of accounts and audit. And in such a useless nation when police is absolutely most,most and most corrupt how can we expect fair investigation. Look to Indian Narcotic Drugs and psychotropic Substances Act . The Act provides that if a person is held with incriminating articles the investigating officer will ask him whether he would like to be searched by a gazetted office or by a Magistrate or by the investigating officer and a search will be made according to the choice of the accused. But for exception the police of its own accord write in Panchanama that the accused states that he would like to be searched by police. Thus the right of the accused is always abused. Same case may happen if as per Apex Court’s judgment the accused is required to give consent because the accused is under the custody and influence of the police.
Look from another point of view.Art.20[3] relates to fundament right and such fundamental right can in no case is permitted to be waived. Therefore it does not appear to be justified, rational .logical and reasonable to say such tests can be performed if consent is given by the accused. Such provision will certainly be misused by police .In cases of Beharam Khurshid and yet in another case of Muthaiya it was said by the Supreme Court that fundamental rights cannot be waived. Thus for narco and brain mapping tests also consenting by the accused the tests should not be permitted.
Thirdly for the said tests the accused person is made sub-conscious and then tests are performed. To subjugate under the influence of the medicines which makes a person sub-conscious, ,how can we say that the accused has answered correctly and such answers cannot be used against an accused person.
Anyhow it is submitted that the Supreme Court may in a suitable case ,when opportunity comes ,reconsider this aspect also.