Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Indian Evidence Act Police Officer Criminal Law Confession made to a Excise Officer |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Excise Officer -Confession made to an Excise Inspector in the course of investigation - lf a confession made to a police officer -"Police Officer" Meaning of- Excise Inspector, if a police officer -Cod• of Criminal Procetkm 1898 (Act V of 1908) ss. 156, 162- lndian Evidence Act, 1872 (Act I of 1872) s. 25 - Bihar and Orissa Excise Act, 1915 (Act 2 of 1915), ss. 2 (8), 7, 47 (a), 68, 69, 70, 71, 72, 73, 77, 78, 80, 82, 95, 96 . The appellant along with five other people, one of whom was driving the car, were travelling in a car belonging to the appellant's brother. The car was stopped by the Excise Inspector who conducted a search of the car and recovered five bundles of Ganja, four from the luggage boot and one from the leg space in front of the seat of the car. The boot could be opened with the keys in the possession of the appellant as well as one of the keys in the possession of the driver. The appellant made a confession to the Excise Inspector admitting his guilt. At the trial of the appellant along with the other persons he pleaded an alibi and pleaded innocence. The trial court acquitted all the other accused but convicted the appellant under s. 47 (a) of the Bihar and Orissa Excise Act. 1915, and sentenced him to undergo rigorous imprisonment for one year and to pay a fine of Rs. 2,000. On appeal the High Court affirmed this conviction and sentence. The appellant thereupon appealed to this Court with special leave. In the appeal before this Court it was contended that the confessional statement Ex. 3 upon which reliance was placed by the High Court as supporting the evidence ,of P. W. 2, P. W. 3 and P. W. 4 was inadmissible and if this statement was put' aside the evidence of these prosecution Witnesses was insufficient in law to sustain the conviction of the appellant. In objecting to the admissibility of the statement reliance was placed on s. 25 of the Indian Evidence Act, 1872 and s. 162 of the Code of Criminal Procedure in as much as it was recorded by the Inspector of Excise while he was investigating into an excise offence under Ch. XIV of the Code of Criminal Procedure. |
Judge | Hon'ble Mr. Justice J.R. Mudholkar Hon'ble Mr. Justice Raghubar Dayal |
Neutral Citation | 1963 INSC 84 |
Petitioner | Raja Ram Jaiswal |
Respondent | State Of Bihar |
SCR | [1964] 2 S.C.R. 752 |
Judgement Date | 1963-04-04 |
Case Number | 125 |
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