(1.) THE interesting question coming up for judicial resolution in this case is as to whether the Excise Officers of the State Excise Department while conducting investigation under the Kerala Abkari Act (as amended) could be treated as 'police officers' within the meaning of S. 25 of the Indian Evidence Act, 1872.
(2.) IN this appeal filed under S. 374 of the Code of Criminal Procedure, 1973 (Crpc for short), the appellant who was the sole accused in SC No. 351 of 1999 on the file of the Additional Sessions Court (Ad hoc), Kalpetta, challenges the conviction entered and the sentence passed against the appellant for an offence punishable under S. 55 (a) of the Kerala Abkari Act.
(3.) THE case of the prosecution can be summarised as follows: On 22/07/1997, at about 5. 30 p. m. , behind Perumbadapothiyil House belonging to the accused by name Joseph alias Vellimala Pappachan at Vandikadavu in Padichira village of Sulthan Bathery taluk and abutting the Kanaram river, the accused was found in possession of 45 litres of illicit arrack. Since the said possession was in contravention of the provisions of the Abkari Act, the accused has thereby committed an offence punishable under S. 55 (a) of the Abkari Act.
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