The court of judicial magistrate (first class) SS Patil on Thursday rejected the application of the Criminal Investigation Department (CID) for granting permission to conduct a narco analysis test on Mohanish Bolate, one of the accused in the Sanam Hasan case.
The court rejected the application on the grounds that Bolate cannot be forcibly subjected to tests without his consent. Meanwhile, the fate of four other witnesses who are friends of Sanam for whom the CID had requested the narco tests will be decided on Friday.
On October 5, the CID had moved an application before the magistrate praying that at the party. 11 persons were present including eight girls.
Yet none of them are able to recall the exact incident that took place, the CID had pointed out before the court.
Mohanish, who is an accused, is not co-operating in investigation and in order to collect important information regarding the crime it is necessary to conduct brain mapping, lie detector and narco analysis tests, according to the CID.
Assistant public prosecutor MG Poul urged the court to grant the plea and said that considering the non co-operation of Mohanish in investigation, narco analysis test is important for just and fair investigation in this case.
Defence lawyer MM Sayed strongly objected to the application and argued, “Mohanish is co-operating during investigation. If he is compelled to undergo the test without his consent, this will amount to violation of his fundamental rights guaranteed in the Indian Constitution.”
Forensic goof-up marred probe
Sanam Hasan (19), a second year fashion design student of Symbiosis College in Vimannagar died on October 3, 2012, when she had gone to a party with her friends in Brahma Sun City in Wadgoan Sheri. Sanam hails from Mumbai. Her parents and her brother had come down to the city to celebrate her birthday on October 2. They permitted her to celebrate her birthday at midnight along with 22 friends. Next day, in the morning, Sanam was rushed to Ruby Hall Clinic by Mohanish and later declared dead.
dna on May 20 was the first to highlight the forensic goof-up in the forensic report, that said the Deoxyribonucleic Acid (DNA) of Sanam did not match that of her parents.
Her parents have been alleging from the beginning that the city police probe into their daughter’s death has been shoddy. Earlier, the city police had claimed that the girl had died due to overdose of alcohol, while the parents claimed foul play. On January 23, the CID lodged a complaint against Sanam’s friend Mohnish for causing death by negligence under relevant sections of the Indian Penal Code (IPC), 1860.
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