Train firing: Court sends accused RPF constable to judicial custody; denies nod for narco analysis

A court here on Friday refused to extend the police remand of RPF constable Chetan Singh and sent him to 14-day judicial custody

Mumbai: A court here on Friday refused to extend the police remand of RPF constable Chetan Singh and sent him to 14-day judicial custody for allegedly shooting dead his senior colleague and three passengers on a moving train in Maharashtra recently.

The court also refused to give its permission to the Government Railway Police (GRP), which is probing the case, to conduct brain mapping, polygraph, and narco-analysis tests on the accused.

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In a related development, the Railway Protection Force (RPF) moved an application before the court seeking to question the accused for an internal enquiry into the incident.

The court called for the say of the investigation officer of the case and adjourned the matter to August 14.

Singh was produced before a magistrate court in suburban Borivali at the end of his previous remand on Friday. The GRP sought his custody for three days for further probe into the matter. After hearing both sides, the magistrate sent the accused to judicial custody.

Meanwhile, the GRP also sought the court’s consent for brain mapping, polygraph, and narco-analysis tests on Singh, stressing that the matter was very serious and a thorough investigation was needed.

The defence lawyers – advocate Surendra Landage, along with Amit Mishra and Jaywant Patil, appearing for Singh – opposed GRP’s application, contending that the narco test is a violation of the fundamental rights and it cannot be conducted if the accused does not consent for it.

Also, these tests cannot be done if one is old or physically and mentally weak, the defence said.

According to the defence lawyers, the prosecution has alleged in its complaint that on the day of the incident, the accused had told his senior, Assistant Sub-Inspector (ASI) Tikaram Meena, that he was unwell.

Also, the accused was mentally ill for some time and he was taking medication. For this reason, the narco test of the accused cannot be taken, the defence argued.

The accused may slip into a coma or die due to a drug overdose. Therefore, the accused strongly objects to allowing the above test, the defence added.

Narco test involves the intravenous administration of a drug.

The police, on the other hand, produced a letter, bearing Singh’s signature, and contended that the accused had given his consent.

However, as per Singh’s lawyer, when they enquired with Singh, he told them that he had not given any consent for any tests and “police took his signature forcefully”.

Singh further told the court that he was being tortured mentally, his lawyers added.

The court after hearing all the arguments refused its nod to the probe agency to conduct the tests.
The GRP have added the Indian Penal Code section 153 A, which relates to promoting enmity between different groups on grounds of religion, besides charges for murder and kidnapping.

The incident took place on July 31 on board the moving Jaipur-Mumbai Central Express near Palghar railway station in Maharashtra.

Accused Singh (33) was nabbed with his weapon later while trying to flee after passengers pulled the chain of the train which stopped near Mira Road station (on the Mumbai suburban network).

He first killed ASI Meena and another passenger in B5 coach with his automatic weapon.

Singh then shot dead another passenger in a pantry car and one more traveller in S6 coach next to the pantry car after 5 AM.