2017 (10) TMI 1478

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..... investigation, will be free to pass appropriate orders. Appeal disposed off. - Criminal Appeal No. 1759 of 2017 arising out of S.L.P. (Criminal) No. 8439 of 2016] - - - Dated:- 10-10-2017 - Kurian Joseph And R. Banumathi, JJ. For Petitioner(s) Mr. Garvesh Kabra, Ms. Pooja Kabra, Ms. Nikita Kabra Jaju, For Respondent(s) Mr. Nishant Ramakantrao Katneshwarkar, Kurian, 1. Leave granted. 2. The appellant is one of the accused in Crime No. 63 of 2016 registered at Goregaon Police Station, Goregaon, Maharashtra for offences under Section 408 of the Indian Penal Code, 1860 read with Sections 3 and 7 of the Essential Commodities Act, 1955. The allegation is that he received misappropr .....

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..... gating Officer is free to arrest the petitioner. However, after arrest he shall be released on bail on execution of a personal bond to the tune of ₹ 2,00,000/- (Rupees Two Lacs) with two solvent sureties for the like amount. The petitioner is directed to cooperate with the investigation by responding to the call and attending the place wherever and whenever required by the Investigating Officer. The respondent/State is directed to file a status 2 report with regard to the cooperation extended by the petitioner within two weeks. Post on 12.09.2017. 5. The Investigating Officer (hereinafter referred to as the IO ) has accordingly filed a Status Report dated 11.09.2017, which reads as follows: xxx x .....

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..... t was not cooperating because he kept reiterating that he had not purchased the food-grains. The purpose of custodial interrogation is not just for the purpose of confession. The right against self-incrimination is provided for in Article 20(3) of the Constitution. It is a well settled position in view of the Constitution Bench decision in Selvi and others v. State of Karnataka 1, that Article 20(3) enjoys an exalted status . This provision is an essential safeguard in criminal procedure and is also meant to be a vital safeguard against torture and other coercive methods used by investigating authorities. Therefore, merely because the appellant did not confess, it cannot be said that the appellant was not cooperating with .....

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