Judgment

RAGHUBAR DAYAL, J. : This appeal, by special leave raises the question whether a Customs Officer either 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 S. 25 of the Indian Evidence Act.

2. Barkat Ram, respondent in this appeal, was the engine driver of 78 Down Train which reached Amritsar at about 4-15 p.m., on June 8, 1957. The train came from Pakistan. In consequence of information received with respect to the smuggling of gold by the engine crew, the Land Customs staff boarded the engine at Attari and other staff of the Department surrounded the engine in its arrival at Amritsar. The engine was searched and a quantity of gold was recovered, having been found front concealed underneath the coal in the font part of the coal tender in the engine. The respondent was further interrogated at the Customs Station and, as a result of further search, another quantity of was recovered from the rear part of the coal tender. A document, Ex. P. E., dated June 5, 1957, was also recovered. This document was shown to the respondent on June 9, 1957, and the respondent inscr