Illias v. Collector of Customs, Madras
only
on October 18, 1968 i.e. Ramesh Chandra Mehta v. State of
West Bengal(') and Dady Adarji Fatakia v. K. K. Ganguly, Asstt.
Collector of Customs & Anr.,( 2 ) the view expressed in Barkat
Ram's(') case with reference to the old Act has been reaffirmed on
the question under consideration and it has been held that under
the new Act also the position remains the san1e. This is what has
been said in Dady Adarji Fatakia's(2 ) case :
"For reasons set out in the judgment in Cr. A.
27/67 (Ramesh Chand Mehta v. State of West
Bengal) and the judgment of this Court in Badku Joti
Savant's( 4 ) case, we are of the view that a Customs
Officer is under the Act of 1962 not a police officer
within the meaning of s. 25 of the Evidence Act and the
statements made before him by a person who is arrested
or against whom an inquiry is made are not covered by
s. 25 of the Indian Evidence Act." .
This appeal fails and it is dismissed.
V.P.S. Appeal dismissed.
(!) [196q] 2 S.C.R. 461. (2) Cr. Appeal No. 46of1968 decided on 18-10-1968.
(3) [1962] 3 S.C.R. 338. (4) [1966J 1 S.C.R. 6QR