Sandalwood drug case: HC sets aside orders passed by Special Court

Bengaluru: In a major relief for Virendra Khanna, an accused in a sandalwood drug case, the Karnataka High Court set aside two separate orders passed by a trial court directing him to furnish the password, passcode of his phone, email account, and also to undergo a polygraph test.

Partly allowing the petition filed by Khanna, Justice Suraj Govindaraj set aside both the orders of the Special Court for NDPS Cases, issued on September 14 and 24, 2020.

While hearing the case Justice Govindaraj said that without a search warrant the examination of a smartphone or an email account is in the nature of a search cannot be don.

On the polygraph test, the judge said it ought to have taken into consideration the decision of the Supreme Court in Selvi’s case. Mere silence of the said person does not amount to consent. If a person were to refuse the administration of a polygraph, no such test can be administered and, even if it is, the test result cannot be considered by a court of law.