On May 12, Ajmer Additional Chief Judicial Magistrate had earlier granted permission to the ATS to conduct the test on Gupta, who was arrested on April 29, when he was visiting his ailing mother.
Taking advantage of the Supreme Court's ruling on narco analysis test, brain-mapping and polygraph test, Gupta, who is suspected of having links with Hindu group Abhinav Bharat Sangathan, in his petition said that the ATS has not taken his consent for conducting the test.
On May 5, the Supreme Court declared that conducting narco analysis test, brain-mapping and polygraph test as illegal and unconstitutional.
The session court will be hearing the petition on May 7.
Ajmer Additional Chief Judicial Magistrate had allowed the ATS to conduct the test after it filed application in this regard on May 1.