GURUA NAIK Vs. STATE OF ORISSA

JUDGEMENT

(1.) This Reference by a Division Bench to the Larger Bench raises the question whether 'Grama Rakshi' is a Police Officer within the meaning of that expression in Section 25 of the Indian Evidence Act.

(2.) After scrutinizing the evidence in the appeal, the Division Bench found that the appellant had made extra judicial confession before P.W.1, who is the 'Grama Rakshi'. At that time P.Ws.3, 4 and 7 were present. The Division Bench was faced with divergence of opinion expressed by this Court on the question as to whether 'Grama Rakshi' is a Police Officer.

(3.) Hon'ble Supreme Court, in the case of State of Punjab vs. Barkat Ram, 1962 AIR(SC) 276, had the occasion to deal with the question whether Customs Officer under the Land Customs Act 1924 (Act XIX of 1924) or under the Sea Customs Act 1878 (Act VIII of 1878) is a Police Officer within the meaning of that expression in Section 25 of the Indian Evidence Act. After liberal reference to provisions of the Police Act, 1861, aforesaid Customs Acts and construction of Section 25 of the Indian Evidence Act, Hon'ble Supreme Court held that Customs Officer is not a Police Officer. While arriving at the conclusion, Hon'ble Supreme Court had ruled "the words 'Police Officers' are not to be construed in a narrow way, but have to be construed in a wide and popular sense." The Division Bench of this Court found that in Raj Kumar Karwal's case Hon'ble Supreme Court had referred to the decision of that Court in the case of Barkat Ram, which is a Larger Bench decision, but the same was not distinguished or discussed. Since in Khageswar Khatua's case the decision rendered by Hon'ble Supreme Court in Raj Kumar Karwal's case had been followed, the Division Bench was not in agreement with the view expressed in Khageswar Khatua's case. Another point of disagreement by the Division Bench with the view expressed in Khageswar Khatua's case is that, in Khageswar Khatua's case this Court had relied on and followed Raj Kumar Karwal, which was a case dealing with confession made by the accused in a case under the N.D.P.S. Act before the officers of the Central Excise and Customs. Hence the Reference to resolve the question, whether 'Grama Rakshi' is a 'Police Officer'.