Page 74 - GSTL_ 28th May 2020_Vol 36_Part 4

520 GST LAW TIMES [ Vol. 36
rogated for some time and later, they were allowed to go to sleep. It is further
recorded that on the next day, at 7:00 am, the son had gone to school. [Thus, it
appears that even after 9:35 at night the family members of the petitioner were
interrogated.]
16.2 At 10:05, it is recorded that the Investigating Officer of the earlier
day having returned and having relieved the panchas and officer R.B. Dodiya,
the new officer and panchas have arrived at the spot. At 01:55 pm, it is recorded
that during the course of search, they recorded the statements of the dealer’s wife
Shrimati Mamtaben and her daughter Honey in question-answer form and asked
them as to where the dealer was and as to whether they had any news about
him. However, they had informed that till then, they had no news about the
dealer. At 8:05 pm, it is recorded that after resting his (the petitioner’s) father’s
statement was recorded in question - answer form. Moreover during the said
search different officers has recorded statements of Pareshbhai’s father Nathalal
Chauhan in question - answer form and had questioned him as to where the
Pareshbhai was; and different officers had recorded statements of the
Pareshbhai’s wife, his mother/father and inquired as to whether or not they had
any talk with the Pareshbhai and upon Officer Shri B.H. Modi arriving to relieve
them, the officers of that morning as well as the panchas were being relieved and
the charge of the search was handed over to the new officer. It is further recorded
that at night, the family members of the dealer again tried to contact the dealer
via mobile phone, but the dealer’s phone appeared to be switched-off. Thereafter,
after some interrogation, as they needed to rest at night they had gone to sleep.
[Thus, the family members were interrogated even at night time.]
16.3 On 13-10-2019, at 12:55 pm, it is recorded that the officers who
were present at night were relieved and the day-time officer took charge. It is
further recorded that they had offered personal search of those officers to
Pareshbhai’s mother and father, but they had not accepted such offer and upon
asking them as to whether they had received any news about Pareshbhai at
night, they had informed that they did not have any news. At 2:10 pm, it is rec-
orded that the family was permitted to rest post-lunch. At 3:25 pm, it is recorded
that the Pareshbhai’s father’s medicines were finished and hence an inspector
was sent with him to purchase the medicines. At 6:10 pm, it is recorded that
Pareshbhai’s wife and daughter Honey had gone to the market in the presence of
panchas to fetch vegetables and clothes given for ironing and had returned in
half an hour along with those things. At 6:30 pm, it is recorded that upon asking
the Pareshbhai’s family members as to whether there was any news about him,
but they had said that no information was received. Thereafter, without record-
ing the time, it is recorded that another officer A.B. Parmar had arrived to relieve
the officer who was at the spot during daytime and the charge was handed over
to him. At 10:30 pm, it is recorded that the dealer’s mother sought permission to
go down-stairs, and she was permitted to go and she returned after 15 minutes
with vegetables (potatoes). It is further recorded that she had become emotional
about her son and hence, they consoled her and explained to her that this is part
of a Government inquiry and after pacifying her, advised her to rest peacefully.
16.4 On 14-10-2019, it is recorded that the dealer’s father sought per-
mission to go downstairs to fetch milk and such permission was granted. At 8:45
am, the dealer’s mother sought permission to go to the temple and such permis-
sion was granted. At 10:45 am, the dealer’s mother sought permission to go to
some place for returning the clothes brought for Navratri celebrations, which
GST LAW TIMES  28th May 2020  74