Former anti-narcotics chief Veenu Bansal, DeputySuperintendent of Police Naresh Mhamal and Head Constable Anand Salunke haverefused the Central Bureau of Investigation's (CBI) plea to undergo a psycho-analysisand polygraph test, claiming that the results cannot be used as evidenceagainst them and test is in violation of their rights accorded in theconstitution of India. The agency is investigating three different casesrelated to police-drug mafia nexus involving a dozen policemen and two Israelis“ Yaniv Benaim alias Atala and Dudu.
After all other grilling techniques failed to crack thecase, CBI had decided to conduct a lie detection test (polygraph test) and apsychoanalysis test at CFL in Delhi on the entire police team, which allegedlyplanted drugs on David Driham alias Dudu, an Israeli national.
The CBI has approached the Narcotics Drugs and Psychotropic Substances(NDPS) court, moving an application seeking permission to allow it to conductthe lie detection test and psychoanalysis test on the suspended policepersonnel attached to Anti-Narcotics cell (ANC) to take the investigation to alogical end.
In a reply to the court Bansal, Mhamal and Salunke refusingto undergo test has claimed that the test is misconceived in law against theirfundamental rights and against the Article 20(3) of constitution of India.Clause (3) of Article 20 declares that no person accused of an offence shall becompelled to be a witness against himself. The alleged accused in the case hasalso claimed that the results of the test cannot be used as evidences againstthem as it is against the rights of a person to protection against compulsionto be a witness.
CBI, which is probing Goa's police-politician-drug mafianexus, had arrested the alleged main culprit in the case, PSI Sunil Gudlar, andfive constables of the Goa police's ANC in the case as part of itsinvestigation.
CBI has in a reply to the court has claimed that they arevery close to make breakthrough in the case and unearth the sources of drugs inused in the case. CBI also mentioned that accused Sunil Gudlar is giving theevasive answers and does not divulge any vital information during theinterrogation.
Gudlar in a reply to the court has also refused claims thathe was collecting haftas on behalf of his seniors nor did he planted drugs onDudu.
Gudlar in his reply did not accept that he was notcooperating with the investigations. The agency cannot do much because it ismandatory to take consent of the person before carrying out the test.
