SIYARAM GOPICHAND GUPTA v. STATE — 1989 DIGILAW 160 (GUJ)

R. J. SHAH, J. ( 1 ) THE above Criminal Revision Applications are directed against the order dated 19-6-1989 passed by the Chief Judicial Magistrate Junagadh below Ex. 3 in Prabas Patan Police Station Crime Register No. 100 of 1989. ( 2 ) THE facts leading to the present applications are as under: A first information report was lodged on 8-10-1988 by one Gyanchandra Trikamdas Bhanudas against Chimanlal Bhaichandbhai Limbachiya; Badriprasad Shankerlal Maniar; Siyaram Gopichand Gupta; Rajendraprasad Gopichand Gupta Bupendra Munnalal Shah; and Dhanpal Babulal Shah of Krishna Trading Company. The aforesaid Chimanlal Bhaichandbhai Limbachiya has filed aforesaid Criminal Revision Application No. 219 of 1989; aforesaid Siyaram Gopichand Gupta Rajendraprasad Gopichand Gupta and Bupendra Manharlal Shah have filed aforesaid Criminal Revision Application No. 218 of 1989; aforesaid Badriprasad Shankerlal Maniar has filed aforesaid Criminal Revision Application No. 220 of 1989; and aforesaid Dhanpal Babulal Shah has filed the aforesaid Criminal Revision Application No. 282 of 1989 It was alleged in the F. I. R. that the complainant Gyanchandra was doing business in the name of Somnath C. S. Agency and was having agencies regarding Soda Ash and Cement. The office of the said complainant has been situated in Patan in G. I. D. C. estate since last shout 1 1/2 years. He was getting goods i. e. Soda Ash from Tata Chemicals Mithapur and Cement from Kamdar Cement Factory. The mode of business was that the complainant was obtaining orders from different parties and was informing said Tata Chemicals Mithapur and Kamdar Cement Factory and the company was directly supplying goods to the parties concerned while making out the bill in the name of the complainant as Agent. In turn the complainant agency made not a bill in the name of the parties to whom the goods were supplied directly. The payment of the goods supplied was received by the complainantagency from the party concerned and according to the terms and conditions the complainant made payment to one or the other aforesaid companies which supplied the goods at the instance of the complainant. The payment of the goods supplied was received by the complainantagency from the party concerned and according to the terms and conditions the complainant made payment to one or the other aforesaid companies which supplied the goods at the instance of the complainant. ( 3 ) ACCORDING to the complainant there was Krishna Trading Company which was doing business near Sarkhej-Sanand Railway Crossing With the said Krishna Trading Company the complainant had business transactions since four to five months regarding soda ash According to the complainant aforesaid Chimanlal Bhaichandbhai Limbachiya Badriprasad Shankarlal Maniar Siyaram Gopichand Gupta Rajendraprasad Gopichand Gupta Bupendra Munnalal Shah and Dhanpal Babulal Shah who wore managing the affairs of said Krishna Trading Company were placing orders either by telephone or by post and as per the information given by the complainant to aforesaid Tata Chemicals Mithapur goods were supplied to Krishna Trading Company and in the beginning as per the terms the payment was also received by draft and thus confidence of the complainant was secured by aforesaid six persons ( 4 ) AS stated in the aforesaid F I R towards the end of August 198 said Chimanlal Bhaichand Limbachiya bad a telephone talk with the complainant that in the month of September 1988 he was in need of 1000 tons of Soda Ash and the payment thereof would be made within 15 to 20 days The complainant came to Ahmedabad in the beginning of September 198b and had contacted the office of Tata Chemicals Mithapur at Ahmedabad Accompanied by Shri K. S. Kelkar Officer of the Tata Chemicals at Ahmedabad be had gone to the premises of Krishna Trading Company at Sarkhej and bad contacted said Chimanlal Bhaichand Limbachiya Said Chimanlal had accused at that time that if his Company was given goods weighing 1000 tons of Soda Ash on credit the payment would be made within 15 days from the date of receipt of the said goods The complainant relying on the said assurance decided to sell 500 tons of Sods Ash over and above the regular supply of Soda Ash which was continuing till then in respect of regular supply of Soda Ash the dues wore of Rs 9 5 264 4 In respect of the goods supplied in September 1988 to the tune of 500 tons the dues were of Rs 20 07 927 69 and 80 the total dues at that time came to Rs 29 13 191 73 Towards the said duos upto 21-9-1988 only Rs 7 29 655 44 bad been received by draft on or about 27-9-1988 When the complainant telephoned to Krishna Trading Company at Ahmedabad regarding the aforesaid dues the owner of the godown by name Navinbhai had informed that persons who were trading in the name of Krishna Trading Company had vacated the said godown and had taken away all their belongings. The complainant therefore immediately rushed down to-Ahmedabad and on taking enquiries he learnt that the persons who were dealing in the name of Krishna Trading Company had cheated the complainant The complainant hat made further enquiries as stated in the said complaint and had fount that the premises and godowns had been changed from time to time and the goods were transferred from one godown to the other but the complainant was not able to meet any of the aforesaid persons who wore dealing in the name of Krishna Trading Company During the period that the complainant was making the aforesaid enquiries he bad put up in Hotel Paradise. Ahmedabad. At that time he had employed one customer Surendrabhai Patel and one broker by name Mohanlal to help him in the investigation. On 3-10-1988 as stated in the said F. I. R. some stay was seven at the aforesaid Hotel address at the Instance of aforesaid Bhupendra Munnalal aforesaid Dhanpal Babulal Shah as the proprietor of Madhav Sates Corporation and Rajendraprasad Gopichand Gupta proprietor of Vijay Trading Company Ahmedabad. The aforesaid persons according to the complainant were managers of Krishna Trading Company and they he stated that the said Soda Ash belonged to Krishna Oil Trading Company. It teems that the complainant had taken the matter in appeals before the before Court and bad got the stay vacated on 10-10-1988 hut during the said period the aforesaid persons bad removed the goods from one godown to other premises. It was in the aforesaid circumstances that the said F. I. R. was lodged against the aforesaid six persons. ( 5 ) IT appears that thereafter during the course of investigation an application for taking the aforesaid persons on remand pursuant to the said complaint came to be made on or about 17-1-1989 before the Chief Judicial Magistrate Junagadh. That application came to be allowed as per the order dated 18-11-1989. granting refund of the accused upto 4-00 p. m. on 27-1-1989 The matter was pursued further at the instance of the accused by way of Criminal Revision Applications Nos. 3 4 7 and 16 of 1989 and the learned Additional Sessions Judge Junagadh was pleased to allow the aforesaid deviation Applications on 31 on certain cord signs while setting aside the order of remand passed by the Chief Judicial Magistrate Junagadh. 3 4 7 and 16 of 1989 and the learned Additional Sessions Judge Junagadh was pleased to allow the aforesaid deviation Applications on 31 on certain cord signs while setting aside the order of remand passed by the Chief Judicial Magistrate Junagadh. Since the said order of the learned Additional Sessions Judge was passed in Gujarati the original terms were also in Gujarati. When translated the said terms in judgment would read as under: (1) All the accused should appear before the Investigation Officer on 6 at 8-00 A. M. and should continuously remain present till 8-00 A. M. on 16-2-1989 and Co-operate in the investigation The Investigating on per will only permit the accused to attend to daily necessities and go to sleep at night at other place and inform them when to attend again and he will not keep accused in lock up or handcuff them; (2) If the Investigating Officers wants panchanamas to be made under Sec. 27 of the Indian Evidence Act then from the time the preliminary panchnamas are trade till the final panchnamas are completed the sill have the authority tn keep the accused in Police custody but will release the accused after the final panchnames are made and the previous bail given to the accused will continue: (3) If on 16-2-1989 the Investigating Officer feels that the accused need to be taken on remand then he will inform the accused to remain present at 11-00 A. M. on 16-2-1989 in the Court of the Chief Judicial Magistrate Junagadh ai the accused stall remain present accordingly and the Investigating Officer will be entitled to present a fresh application or remand in those circumstances and the learned Chief Judicial Magistrate will dispose of the same on merits. ( 6 ) IT is claimed that pursuant to and in keeping with the said order the aforesaid Et. 3 was presented and after hearing the parties the same came to be allowed granting remand for the period upto 27 in the case of each of the accused. Hence the present Criminal Revision Applications. ( 7 ) RULE in all the four applications. Mr. D. K. Trivedi has waived service of the rule and with the consent of parties the rule has been heard. Hence the present Criminal Revision Applications. ( 7 ) RULE in all the four applications. Mr. D. K. Trivedi has waived service of the rule and with the consent of parties the rule has been heard. ( 8 ) IT seems that pursuant to the said order passed by the learned Additional Sessions Judge Junagadh as stated above the investigating agency has not been able to make much progress in the matter of investigation. It has been claimed in the said application for fresh remand (Ex. 3 Annexure C) filed by Mr. K. T. Chauhan Police Inspector C. I. D. Crime Junagadh amongst other things as under:1 That there is material to show that certain bills have been made subsequently. That several bills and copies do not tally and there is prima facie reason to believe that accused Chimanlal has made out false bills. The connection between the several bills needs to be probed further. 2 In the Sales Register of Krishna Trading Company nine truckload of Sods Ash has been shown to have been sold to accused Dhanpal Shah as owner of Madhav Sales Corporation but during enquiry it is noticed that accused Chimanlal is claiming that these nine truckload of Soda ash has been given to accused Bhupendra as the owner of Mehta Traders and that no bill has been made out regarding the same and the same has been sold without bill. Further one firm known as Badriprasad and Sons is noticed to be the firm of the son of accused Badriprasad. In his name 15 truckloads of soda ash without bill have been noted. During enquiry it is noticed that accused Chimanlal states that this 15 truckloads have been give to Mehta Traders. Thus during enquiry it is noticed that 24 truckloads have been given to Mehta traders without bill. The aforesaid facts do not bring out any clear position and a suspicion is created that accused Chimanlal has sold 1st quantities of soda ash without bill and without keeping any account. Thus during enquiry it is noticed that 24 truckloads have been given to Mehta traders without bill. The aforesaid facts do not bring out any clear position and a suspicion is created that accused Chimanlal has sold 1st quantities of soda ash without bill and without keeping any account. 3 Accused Chimanlal has not stated during enquiry as to bow much amount has been given in what manner when and has not even been stated as to on what Banks the drafts have been received It has also been noticed during the enquiry mate upto the time of taking two fresh application for remand that a Bank account which was in Madhupura Market Co-operative Society Ahmedabad has been closed on 22-9-1988 ant it has not been stated as to where or in which banks such large amounts in respect of soda ash have been put by accused Chimanlal. Accused Chimanlal according to the Investigating officer has not cooperated in the investigation. 4 Accused Siyaram Gopichand Gupta who is the owner of Kanaya Corporation has dealing with the 6aid Krishna Trading Company. He has purchased six truckloads of soda ash under a bill issued by Krishna Trading Company. Seeing the bill produced by Siyaram it does not tally With the office copy kept by Krishna Trading Company. It seems therefore prima facie that bills 116a 117 and 123a have been brought about subsequently. During investigation no clarification is offered by accused Siyaram Gupta. 5 Accused Dhanpal Shah as stated in the fresh application for remand is the proprietor of Madhav Sales Corporation. He states during investigation that all the records books and accounts of Madhav Sales Corporation are with accused Siyaram whereas accused Siyaram states that he is not in possession of any record of Madhav Sales Corporation. The say of accused Dhanpal is that said Madhav Sales Corporation has been brought about by accused Siyaram on his name and a godown has been taken on rent also. Thus both the said accused are claiming that the record of Madhav Sales Corporation is not with either of them and so the said record is also requited to be treated. It has also been noticed during enquiry that the bill has been made out in the name of Gita Industries whereas during investigation no such concern has been found to exist. It has also been noticed during enquiry that the bill has been made out in the name of Gita Industries whereas during investigation no such concern has been found to exist. Further more it has transpired during investigation that one Amratlal is the Mehtaji of accused Siyaram and there is reason to believe prima facie that the accused have with the help of their servants brought about false record and have disposed of nine truckloads of goods. No accounts in that connection have been traced so far. 6 Accused Siyaram has purchased five truckloads of soda ash in the name of Mehta Traders vide certain bill numbers xerox copies of which have been produced during investigation. The said bills do not tally with the bills produced by Mehta Traders. there is therefore reason to believe that these bills have been subsequently made out and so further enquiry to be made in that connection also. 7 Rajendraprasad Gupta is the owner of Vijay Traders. Accused Rajendraprasad and Bhupendra are concerned with some transactions with Krishna Trading Company. The investigation so far made shows that both the accused had transported soda ash of Krishna Trading Company from Sarkhej to Aslali. There is another godown at Caliconagar where the goods have been kept in the first instance and from both these godowns the goods have been. removed to several godowns in Ahmedabad City. Further investigation is therefore required to be made regarding the trucks as well as the godown and in connection with the labourers who had helped in transporting the said goods from one godown to other. During investigation it has also transpired that Krishna Trading Company has given false addresses of several firms and have removed the goods to Kheda and Ahmedabad. It is also necessary therefore to trace out those goods and gather information regarding the persons who have helped in such candidate transactions. 8 Accused Bhupendra Munnalal is the owner of Mehta Traders. He is connected with accused Chimanlal since the beginning and is managing the affairs of Krishna Trading Company along with Chimanlal. He was attending to the delivery of goods and phone calls etc. It appears that he is the servant of accused Rajendrprasad Gupta and said Rajendraprasad has brought about the firm in the name of said Bhupendra. He is connected with accused Chimanlal since the beginning and is managing the affairs of Krishna Trading Company along with Chimanlal. He was attending to the delivery of goods and phone calls etc. It appears that he is the servant of accused Rajendrprasad Gupta and said Rajendraprasad has brought about the firm in the name of said Bhupendra. In the sale register of Krishna Trading Company it is stated that said Bhupendra had taken away 16 truckloads of soda ash whereas said Bhupendra has produced entries form the truck restore of Krishna Trading Company wherein it is showed that he has taken 40 truckloads of soda ash. The facts in the fresh application for remand go to show that said Bhupendra had taken a leading pat in the transport of soda ash from one place to another. 9 Accused Dhanpal Shah who is the owner of Madhav Sales Corporation is the servant of accused Siyaram and it was accused Siyaram who has got Madhav Sales Corporation to the opened in the name or of Dhanpal Shah. There is some record to show that nine truckloads of soda ash have been purchased form Krishna Trading Company any and be same have been sold to Gita Industries but it has not been disclosed during investigations as to the place where Gita Industries is functioning and the several particulars regarding Gita Industries. 10 The firm of Badriprasad and sons is running in the name of the son of accessed Badriprasad. The record of Krishna Trading Company show that without bill 15 truckloads of soda ash have been sold to this firm whereas Badriprasad says that the has never purchased those goods. The investigation of a farm sold shows that accused Badriprasad and Chimanlal know each other since very long and it was Badriprasad who had helped in taking a godown on rent when the business of Krishna Trading Company had started. ( 9 ) IT has been alleged that during the period of remained it is noticed that all the accused are closely connected and an impression is gathered that they are taking a stand in unison. It has also been stared that the accused are under legal advice from the beginning and are doing the business in a pre-planned manner. ( 9 ) IT has been alleged that during the period of remained it is noticed that all the accused are closely connected and an impression is gathered that they are taking a stand in unison. It has also been stared that the accused are under legal advice from the beginning and are doing the business in a pre-planned manner. It seems to the investigating Officer who has made the remand application that as soon as the accused realised that they have been able to corner a huge quantity of goods they have kept themselves busy in disposing of the said huge quantity of goods in a clandestine manner going to the extent of making out false bills. According to the Investigating Offices there is prima facie reason to believe that the persons who ate slated to be doing business in different trade names are irs fact their servants. It is also necessary to trace out the huge quantity of goods which have been disposed of in a clandestine manner. It is also claimed in the fresh remand application that the accused have not cooperated during investigation though learned Additional Sessions Judge bad clearly ordered them to do so and so it has become accessory to present the fresh application for remand requesting the Court to grant remand for 15 days. ( 10 ) THE facts alleged in the F. I. R. if true at once impress that the matter in hand is a very serious matter. Persons are connected with the transactions in question have not acted in independent transaction and have also not acted in stray transactions. there is prima facie evidence to show that all the accused know each other and are connected with each other in business transactions since a long time There is also prima facie evidence to show that some of the accused are merely employees of other accused and are acting as per the wishes of the persons who are their employers even though. held out to be owners of proprietory concerns. The facts revealed in the F. I. R. go to show prima facie that the entire transactions regarding Soda Ash have been brought about by skimming minds with a view ultimately. to defraud. The modus operandi seems to be prima facie as usual that confidence has to be gained of the person with whom such. transactions are to be carried out. to defraud. The modus operandi seems to be prima facie as usual that confidence has to be gained of the person with whom such. transactions are to be carried out. Prima facie it would seem that such confidence was inspired by the accused so that. when payments sere received in the regular course of business regarding the small transactions in. the beginning the complainant was induced to do more and more business with the accused and when goods worth 500 tons of soda ash were delivered is was realised by the complainant for the first time that something is amiss. The transfer of the goods from one godown to other during a short span of time prima facie does not seem to be a result of normal business transaction. Discrepancies as noticed in the bills produced of several parties also prima facie point in the direction that under the show of normal transactions of business. something else was intended. If the facts stated in the F. I. R. are ultimately established then the complainant has been defrauded in a systematic manner of a huge sum amounting to Rs. 21 lakhs. and odd. It has not appeared so far that all the transactions regarding soda ash with different concerns have been cash transactions. It has not been noticed so far an to how payments in respect of the goods supplied have been received. The results of investigation so far have not been able to stow as to where such huge quantities of goods have vanished. The results of the investigation so far also do not show as to in whose pockets the realizations of those goods have gone and where the same have been kept. ( 11 ) UNDER the conditional order passed by the learned Additional Sessions Judge remand of a kind was started. Under the said remand order passed by the learned Additional Sessions Judge the accused were to continuously remain present in between 8-00 A. M. on 6-2-1989 and 8-00 A. M. on 16-2-1989. The learned Additional Sessions Judge however had thought it proper to order that the accused would be able to go to kept at night at other place and would attend on the next day at a time when their presence was required on the next day by the investigating agency. The learned Additional Sessions Judge however had thought it proper to order that the accused would be able to go to kept at night at other place and would attend on the next day at a time when their presence was required on the next day by the investigating agency. While imposing such a condition it seems to have been overlooked that in a matter such as this the investigation would able be over in a few days particularly because the transactions have a prima facie look that it has been a well-planned exercise and scheme merles have attended to all the details right from the beguiling with a view to see that ultimately the persons concerned could walk out with huge same of money in their coffers on the one hand and on the others without being caught in the net of law. It is difficult to appreciate as to what earthly purpose could have been served by ordering that the accused could sleep at other places at night and attend again on the next day when required. It ought to have been appreciated that whatever facts might have been disclosed during investigation pursuant to the order in question by all or any of the accused during the day could have been nullified by all or any of the accused during the intervening period between night and day when they would be out to sleep elsewhere by taking measures with a view to cover up the tracks where they might have felt that the investigation was proceeding in a particular unsavory direction. The accused are not poor illiterate persons without any means. They have hands outside who can carry out their instructions effectively. Such a condition it would seem has defeated its own purpose and has hampered the course of investigation. ( 12 ) UNDER the said order of remand on terms it has been specifically provided that the accused would cooperate in the investigation. From that has been disclosed on the record and argued before me in appears that the accused have not cooperated at all during their investigation. ( 12 ) UNDER the said order of remand on terms it has been specifically provided that the accused would cooperate in the investigation. From that has been disclosed on the record and argued before me in appears that the accused have not cooperated at all during their investigation. On the contrary an impression is created that the accused have deliberately attempted to mislead and linger the investigation Knowing full well that under the said older of remand they could be kept on remand under certain conditions which perhaps were palatable to them upto 16-2-1989 beyond which date they could not be kept under refund and it would be the investigating agency which would be required to make out a case for fresh remained which the Court would only grant after hearing them It also seems that the accused were intending to while away the time without appearing to look that they are not cooperating in the investigation in the hope that fresh remand would not be granted against them and if at all it would be granted it could not be on any stricter terms than what were imposed on them in the said order passed by the learned Additional Sessions Judge. It is pertinent to note at this stage that there is a good deal of troth in the claim made by the Investigating Officer that since the accused were under legal advice from beginning they were behaving in the manner in which it was clear that they would only mate a show of cooperation during remand without really intending to cooperate. ( 13 ) GOING through the Contents of the application Ex. 3 for fresh remand it would seem that not only a good case but also a strong case has been made out for fresh remand. The aforesaid order passed by the learned Additional Sessions Judge has defeated its own purpose us stated hereinabove and the remand granted upto 16-2-1989 under the said order has not helped the investigation at all and for all practical purposes it has been an order of remand only in appearance. In such a serious matters as this two aspects have to be considered namely that the accused should not be harassed during the period of remand in any manner and at the same time it has to be appreciated that the provisions regarding remand are not without importance. In such a serious matters as this two aspects have to be considered namely that the accused should not be harassed during the period of remand in any manner and at the same time it has to be appreciated that the provisions regarding remand are not without importance. It has to be appreciated that whatever information is gathered during he period of remand should not be allowed to be counteracted at the instance of the accused so that in a case such as this on every night that they are out they could take effective steps to cover up the shady transactions with a view to ultimately walk out clean from the clutches of law. ( 14 ) MR. Shethna learned Advocate for the applicants has submitted that by using third degree measures after obtaining an order of remand the investigating agency wants to illegally extract information from the accused so as to bring the guilt home to the accused. Now it investigation degenerates into use of third degree measures then it reflects bankrupty of resourcefulness and skill on the part of the investigating agency. Not only that but by unwise the intellectual faculties of the investigating officers get rusted. Investigation on remand can be looked upon as an art. In the case of SMT. NANDINI SATPATHY V. P. L DANI and ANR. AIR 1978 SC 1025 it has been observed that valuable source of information about present police practise may be found in various police manuals and texts which document procedures employed with success in the past and which recommend various other effective tactics. These ( (1966) 384 US 436 449) are used by law enforcement agencies themselves as guides. It should be noted that these texts professedly present the most enlightended and effective means presently used to obtain statements through custodial interrogation. By considering these texts and other data it is possible to describe procedures observed and noted around the country. ( 15 ) IN the same judgment it has also been observed as under: The Officers are told by the that the principle psychological factor contributing to a successful investigation is primary being alone with the person under interrogation (INBATI and REID. CRIMINAL INTERROGATION AND CONFESSIONS (1962) AT P. 1. ). The efficacy of this tactic has been explained as follows. CRIMINAL INTERROGATION AND CONFESSIONS (1962) AT P. 1. ). The efficacy of this tactic has been explained as follows. IF at all practicable the interrogation should take place in the investigators office or at least in a room of his over choice. The subject should be deprived of every psychological advantage. In his own home he be may confident. Indignant ar recalcitrant. He is mere leerily aware of his rights and more ( (1966) 384 US 436 450 relevant to tell of his administrator criminal Inspector within the walls of his same. However his frankly and officer friends ale nearby their presence lending merle support. In his own case the Investigator registrar all the advantages. The atmosphere suggests the invincibility of the forces of the law (OHara Fundamental of Criminal Investigation (1956) at 99 ). To highlight the isolation and unfamiliar surrounding the manuals instruct the Police to display an and of confidence in the suspect circulate and form outward appearance to maintain city an interest in conforming certain details. It suit of the subject is to be posited as a fact. The integrator should direct to his commons towards the reasons very the subject committed the action rather than count failure by asking the subject welfare be did it like other men perhaps the subject has had a bad family life bad an unhappy the learned bad to each to drink bad an ratified desire for women. The Officers are instructed to minimise the moral seriousness of the offence (Inbau and Reid supra at 34-43 87 to case blame on the victim or on society. These facts goes display to put the subject tire a psychological state where his story is but an elaboration on of that the Police purport to knew already teat he is guilty. Explanations to the contrary are dismissed and discharged. The texts thus stress that the major qualities an interrogator should possess are patience and perseverance. One writer ( (1966) 384 US 436 451) describes the efficiency of these characteristics in this manner. In the preceding paragraphs emphasis has teen placed on kindness and strategems. The investigator will however encounter tray situations where the shear weight of his personality will be the deciding factor. Where emotional appeals word tricks are employed to no avail be must rely on an oppressive and offence of dogged persistence. In the preceding paragraphs emphasis has teen placed on kindness and strategems. The investigator will however encounter tray situations where the shear weight of his personality will be the deciding factor. Where emotional appeals word tricks are employed to no avail be must rely on an oppressive and offence of dogged persistence. He must interrogate sturdily and without relent leaving the subject no prospect of siroccos. He must determent his subject and over whom him with his inexorable will to obtain the truth. He should interrogate for a spell of several hours result only for the subjects necessities acknowledgment a serious case the interrogation may suffocate for days with the required intervals for good and sleep but with no respite from the atmosphere of domination. It is possible in this way to induce the subject to talk without resorting to duress and coercion. The method should be had only where the guilt of the subject appears highly probable. (OHara supra at 112 ). The manuals suggest that the subject be offered legal excuses for his actions in order to obtain an initial admission of guilt. Where there is a suspected revenge killing for example the interrogator may say: joe you probably did not go out looking of this fellow that the purpose of shooting him My guess is however that you expected something form him and that is why you carried a gun for your own permit co own know him for what he was no good. The when you you me him be probably started using foul abusive language and to gave indication that ( (1966) 384 US 436 452 he was about to pull a gun on you and that is then you had to act to save your own lift. That is about it isnt it Joe ? (Inbau and Ried Supra at 40 ). Having then obtained the admissions of shooting the investigator is advance to refer to circumstances evidence whole negates the self-defence explanation should enable him to secure the entire story one text this that give if be fails to do so the inconsistency between the subjects original denial of the shooting will serve to deprive him of a self-defence out at the time of trial. When the techniques described above prove unavailing the texts recommend they be alternated with a snow of some hostel in the ploy often used has two termed the friendly-unfriendly or the Mutt and Jeff act : a thorough and intimate sketch is made of the versatility of the arts of torture developed officially in American country calculated to break by physical of psychological craters the morale of two suspect and make him enough up coniossional answers. Police sops and syrups of may types are prescribed to whistle unwitting second of grant loan form or gentle subjects. The product is involuntary incrimination subtly secured not crudely traditional. As again observed in the aforesaid Supreme Court decision; the Miranda Court quoted from the conclusion of the Wickersham Commissions Report made nearly him a century and age continued words which arising a sell In Indian bosoms and so of thinks it relevant to our consideration and read is to the connotation that the third degree is necessary to get the facts the reporters aptly reply in the language of the present and Chancellor England (Lord Sankey) it not admission do a great right by during a little wrong. . . It is not sufficient to do justice by obtaining proper result by irregular or improper means not only does the age of the tried degree involve a flagrant evolution of law by the Officer of the law out it involves also the dangers of false confessions ant it ends to make police and prosecutors less zealous in the search for objective evidence. As the new York prosecutors quashed in the report and it is a short cut and makes the police lazy and unenterprising. Or as another Officers quashed remarked; If you use your fist you are not so likely to use your wits. ( (1966) 384 US 435 448 We agree was the conclusion expressed in the report that the third agree brutalize the police hardens the prisoner against society and lowers the esteem in whole the administration of justice is held by the public. Thus it is absolutely clear that third degree measures have not met with the approval of the highest court namely Supreme Court and since that is so we cannot accept the admission of Mr. Thus it is absolutely clear that third degree measures have not met with the approval of the highest court namely Supreme Court and since that is so we cannot accept the admission of Mr. Shethna that if the accused are permitted to be taken on remained then third degree measures will be adopted and confessions and admissions would be extracted from the applicants by the investigating agency. In the light of what has been stated hereinabove this Court feels confident that the investigating agency would not reveal in the present case at least that there is bankruptcy of resourcefulness and skill on the part of the investigating agency. It is expected from what has been observed hereinabove that the investigating agency will desist from deploying/any third degree measures in the present case if ultimately the applicants are permitted to be taken on remand as requested. ( 16 ) IT has next been urged by Mr. Shethna that there was already an order in favour of the investigating agency to take the accused into custody for the purpose of discovery of muddamal articles and that the investigating officer has failed so take a action accordingly even though these were opportunities available to him have recourse to that action. The submission at this stage does not seem to be wellfounded for the simple reason that not only the accused have not cooperated so far in the matter of investigation but also have resorted to measures with a view to mislead the investigation. As stated above the aforesaid remand order passed by the learned Additional Sessions Judge has not helped the investigation at all and if I may say so hat unwittingly hampered the course of investigation. ( 17 ) IT was next urged by Mr. Shethna that remand at this late stage cannot be asked for even for discovery of any muddamal articles when as many as amount nine months have passed in between. It cannot be gainsaid that time factor is likely to come in the way of investigation. At the same time however it has to be appreciated that it is always a difficult task to discover the truth when scheming minds are at work almost at cross purposes. It cannot be gainsaid that time factor is likely to come in the way of investigation. At the same time however it has to be appreciated that it is always a difficult task to discover the truth when scheming minds are at work almost at cross purposes. To an extent in such matters there is a battle of with and to the extent that scheming minds are successful in their design greater will be the time that should be required during investigation If the facts alleged by the complainant are true the present is a very serious matter where about Rs. 21 lakhs have been swindled out from the pockets of the complainant in a systematic fraud which at this stage seems to be faultless both in design and execution. Moreover it is also to be noted that the investigating agency had very short time in matters such as this to deal with the accused after having been granted remand and that ton under strict conditions. The aforesaid therefore can not be a ground on which the application for fresh remand can be turned down. ( 18 ) AN anxiety was also expressed by Mr. Shethna that the fresh remand order would only be utilised by the investigating agency to compel the accused to produce the documents which might ultimately incriminate the accused It goes without saying that no such compulsion can be practised even when a person is on remand. It cannot i presumed that experienced investigating agencies would over-step their authority in their zeal to discover the truth from a person on remand. The contents of the fresh application for remand clearly show that there are many aspects to be investigated in order to reach at the truth of the affair in question. This aspect therefore cannot assist the present applicants. ( 19 ) IT was also urged by Mr. Shethna that in order to trace out the persons who had links with the accused the remand cannot be asked for. There cannot be any such absolute proposition to be followed during investigation. It also happens at times that during investigations the investigations the investigating agency comes across material which tend to point in the direction that the transactions with the accused were honest business transactions. Investigation does not and cannot mean that by hook or crook material only against the accused has to be gathered. It also happens at times that during investigations the investigations the investigating agency comes across material which tend to point in the direction that the transactions with the accused were honest business transactions. Investigation does not and cannot mean that by hook or crook material only against the accused has to be gathered. At the same time investigation also means that where suspicion is aroused regarding the transaction is question them it becomes the duty of the investigating agency to probe all avenues with a view to reach the truth. This submission of Mr. Shethna also therefore fails ( 20 ) IN support of his submissions Mr. Shethna has invited my attention to several judicial pronouncements. He has referred to EMPEROR V. BASYA 5 BLR 27. In this matter nine persons were to be dealt with under Chapter VIII of the Criminal Procedure Code 1898 chapter VIII of the said Code related to security for keeping the peace and for good behaviour. It was in such a matter that it was ruled that Sec. 167 of the Criminal Procedure Code. 1898 applies to investigations under Chapter XIV of the Code and gives no authority to a Magistrate to remand an accused person in custody in Proceedings under Chapter VIII of the Code in order to enable the Police to trace other persons to be proceeded with under that Chapter. As will be clear from the facts appearing herein-before the said decision can have no beating on the present case. . ( 21 ) REFERENCE was also made by Mr. Shethna to the decision in the case of STATE OF GUJARAT V. SHYAMLAL MOHANLAL CHOKSI AIR 1965 SC 1251 : [1965 GLR 6981. In paragraph 31 of the judgment it has been pointed out that Art. 20 (3) of the Constitution has been construed by the Supreme Court in KALU OGHADS CASE AIR 1961 SC 1808 to mean that an accused person cannot be compelled to disclose documents thick are incriminatory and based on his knowledge. It has further been pointed out that Sec. 94 of the Criminal Procedure Code permits the production of all documents including the class of documents mentioned in the judgment and that if Sec 94 is construed to include an accused persons some unfortunate consequences would follow. It has further been pointed out that Sec. 94 of the Criminal Procedure Code permits the production of all documents including the class of documents mentioned in the judgment and that if Sec 94 is construed to include an accused persons some unfortunate consequences would follow. The Supreme Court therefore concluded that Sec. 94 could not be construed to include an accused person as such construction was likely tn lead to grave hardship for the accused and make investigation unfair to him. As already pointed hereinabove on page 26 no such compulsion can be practised even when a person is on remand. ( 22 ) ANOTHER decision relied upon by Mr. Shethna in support of his case is the one in the case of M. V. SHREEDHARAN and ORS. V. STATE OF KERALA 1981 CRI. LJ 119. The facts in this case were in a short compass and were also not disputed. The revision petitioners who were the alleged culprits in Crime No. 47 of 1979 registered under Secs. 302 341 and 34 of the I. P. C. of Vellikulangara Police Station obtained an order for anticipatory bail under Sec 438 of the Criminal Procedure Cede from the High Court. However subsequently the accused surrendered before the Court and obtained bails. Thereafter the investigator filed M. P. No. 1778 of 1979 seeking custody of these persons. In the application filed by the Circle Inspector he stated: i request that sanction may kindly be accorded for the interrogation of the accused and recovery of one forthright and a therein mundu used by the accused for the commission of the offence as there is information that the accused are keeping these M. Os. They may be directed to produce the M. Os. and made available for interrogation in the Crime Branch Office Trichur between 10-00 a. m. and 5-00 p. m. for four days from 28-5-1979 onwards. In reply the revision petitioners filed a counter affidavit before the learned Magistrate alleging that they have nothing to do with the alleged crime or with the torchlight and thorthu mandu referred to in the petition that they did not knock the whereabouts of these articles and that they had no information to give regarding the alleged offences. In reply the revision petitioners filed a counter affidavit before the learned Magistrate alleging that they have nothing to do with the alleged crime or with the torchlight and thorthu mandu referred to in the petition that they did not knock the whereabouts of these articles and that they had no information to give regarding the alleged offences. on these facts it was concluded that in the face of such a categoric assertion in the part of the said persons of lack of knowledge or information regarding existence or whereabouts of the material objects sought to be recovered from them there was no purpose in directing police custody for the alleged propose of recovery It was further observed that having told the Court in clear and unambiguous manner that they bad no such knowledge about the material objections it was unlikely that they would tell the police investigator about the whereabouts of these articles except by adopting means of interrogation which were not approved of by law and that Courts could not allow themselves to be used for the purpose of enabling an investigator to use means of interrogation not approved by law As stated above the facts in the present case are entirely different prima facie a present is a case of design and well thought out execution of the planned design. The swindled amount is to the tune of more than Rs. 21 lakhs. Huge quantity of goods have disappeared into the hands of several persons. Of necessity at least some realisation of those huge quantities must also have gone into the coffers of several persons. In view of all the aforesaid a clear case has been made out for further remand and a caution has already been given in the present judgment regarding the permissible limits that can be resorted to when persons are on remand. The Kerala case is thus distinguishable from the present one. ( 23 ) THE next decision relied upon by Mr. Shethna is the ore in the case of RANCHHODDAS KHIMJI ASHERE V. TEMPTON JEHANGIR and ANR. 1961 GLR 415 . The Kerala case is thus distinguishable from the present one. ( 23 ) THE next decision relied upon by Mr. Shethna is the ore in the case of RANCHHODDAS KHIMJI ASHERE V. TEMPTON JEHANGIR and ANR. 1961 GLR 415 . In view of this decision it pointed out to she investigating authority in the present case that the constitutional guarantee under Art. 2013) of the Constitution is not confined to oral testimony but also extends to any compulsory process for production of evidentiary documents which are reasonably likely to support the prosecutions against the accused. ( 24 ) THE short facts in the case of T. N. JAYADEESH DEVIDAS V. STATE OF KERALA 1980 CRI. LJ 906 referred to by Mr. Shethna were that Crime No. 757 of 1978 was registered by the police against the petitioner and another person for offences punishable under Secs. 419 420 and 471 read with Sec. 34 of the I. P. C. The accusation against the accused was that they had forget certain documents and cheated the Andhra Bank to the tune of Rs. 500/and took delivery of certain steel items meant for some other consignee. It was further alleged that the steel items were subsequently sold by the a-ccused persons to some other dealers. The occurrence was alleged to have taken place on 28-9-1978 and the crime was registered on 8-10-1978. When the petitioner learnt about the registration of the crime he surrendered before the Chief Judicial Magistrate Ernakulam on 21-12-1978 and moved for bail. He was released on bail an the same. day. Subsequently on the request made by the investigating officer the Chief Judicial Magistrate directed the petitioner to appear before the officer for interrogation in connection with the investigation of the case. Pursuant to the said direction the petitioner appeared before the officer on 3-1-1979 and he was interrogated by the Head Constable attached to the Central Police Station It was thereafter that the investigating officer submitted a further report requesting the Court that the petitioner be remanded to custody of the Police to enable him to effect certain recoveries on information Go be furnished by the petitioner (emphasis supplied ). The petitioner objected to this request. the Chief Judicial Magistrate however allowed the petition and passed an order which was under attack in the above case before the Kerala HIgh Court. The petitioner objected to this request. the Chief Judicial Magistrate however allowed the petition and passed an order which was under attack in the above case before the Kerala HIgh Court. In the first place this authority is clearly distinguishable on facts from the present case. In the nest place in the present case huge stocks have changed hands and places several times and so it will not be correct to say at this State that recoveries are going to be effected on information to be furnished by the petitioners. It may also be that the petitioners are not aware of all the transactions that have taken place after receipt of the goods in question. The facts of the present case it appears are so complex that it cannot be foretold as in in which direction the investigation in the matter will further proceed. In the facts and circumstances of the case I am satisfied that the Investigating Officer wants to probe deep into the matter with a view to get at the truth even though the applicants are deliberately trying to mislead him. In the present case as stated hereinabove the accused have not kept their mouths shut but have opened their mouth to mislead the investigation. Such was not the case before Kerala High Court. ( 25 ) AS pointed out in the aforesaid case of Nandini Satpathi (supra) there are two important consideration which must be placed at the forefront before sizing up the importance and impregnability of the anti-self-incrimination guarantee the first thing being that we cannot afford to write off the fear of Police torture leading to forced selfincrimination as a thing of the past. Recent Indian history does net permit it contemporary world history does not condone it. In the next place we must never forget that crimes in India and internationally are growing and criminals are outwitting the detectives. What holds good in the cities of the United States is infecting other countries including our own. Recent Indian history does net permit it contemporary world history does not condone it. In the next place we must never forget that crimes in India and internationally are growing and criminals are outwitting the detectives. What holds good in the cities of the United States is infecting other countries including our own. The problem therefore has been and is as has been put sharply (as quoted in the said judgment) by Lewis Mayers as under: to strike the balance between the needs of law enforcement on the one hand and the protection of the citizen from oppression and injustice at the bands of the law enforcement machinery on the other is a perennial Problem of statecraft it has therefore always to be remembered that the first-obligation the criminal justice system is to secure justice by seen an substantiating truth through proof. Of course the means must be as good as the ends and the dignity of the individual and the freedom of the human person cannot be sacrificed by reject to improper means however worthy the ends. ( 26 ) IN the result it is not possible to accept the contentions urge on behalf of the applicants against the order in question. All the above applications therefore fail. The order in question passed by the learned Chief Judicial Magistrate Junagadh is confirmed with the modification that the accused will now be taken on remand by the Investigating Officer for a period upto 18-10-1989 beginning from 4 Rule in all the application is discharged accordingly. ( 27 ) AT this stage on behalf of the applicants in all the matters a request has been made that since they want to pursue the matter before the proper forum against the present order two months time may be granted to the applicants. The aforesaid request for grant of time has been stoutly opposed by Mr. D. K. Trivedi learned A. P. P. in the facts and circumstances of the case It is evident that in a matter such as this two months time can never be granted. All the same considering the circumstances of the case it is necessary to grant reasonable time to the applicants when they want to pursue the matter further against the present order. All the same considering the circumstances of the case it is necessary to grant reasonable time to the applicants when they want to pursue the matter further against the present order. In the circumstances the operation of the order passed today is ordered to be stayed till 18 The applicants should note that the time fixed as aforesaid will not be further extended by this Court. If the applicants fail in obtaining any order of stay from the proper forum on or before 18 then the period of remand should be taken to be from 19 to 2-11-1989. .