Judgment

SARKARIA, J.:- These appeals by special leave directed against judgments, dated January 17, 1974 and March 29, 1974, of the Bombay High Court, raise. among others. three important questions, namely:

(1) Whether an Officer of the Railway Protection Force, making an inquiry under the Railway Property (Unlawful Possession) Act, 1966 (hereinafter referred to as the 1966 Act), in respect of an offence under Section 3 of that Act of unlawful possession of the railway property, is a Police Officer for the purposes of Section 25, Evidence Act and Sec. 162 of the Code of Criminal. Procedure, 1898; and as such, any confession or incriminating statement recorded by him in the course of an inquiry under Section 9 of the Act is inadmissible in evidence?

(2) Whether a person arrested by an Officer of the Railway Protection Force under Section 6 of the Act for the alleged commission of an offence under Section 3 of the Act, is a "person accused of an offence" within the meaning of Article 20 (3) of the Constitution?

(3) Whether Section 9 of the Act is violative of Article 14 of the Constitution?

The appeals arise in these circumstances :

2. The Inspector, Central Intelligence Bureau, Headquarters, Bombay (Shri P. A. Kakade) filed a complaint before the Presidency Magistrate. 35th Court, Victoria Terminus, Bombay, complaining of the commission of an offence by the appellants, herein, (in Crl. Appeals 208 and 209 of 1974), under Section 3 of the Act. The allegations in the complaint, as summarised in the judgment of the High Court in Criminal Revision Application No. 821 of 1973, are as under.

3. On November 21, 1970, the Assistant Security Officer, Central Railway, Bhusawal intimated to the Chief Security Officer, Bombay V. T. that two wagons Nos. ERKC-9447 Ex. HSPG BNDN to Akola and Wagon No. ERKC 75531 Ex. were unloaded by Unloading Foreman, one B. D. Raverkar of Akola Goods Shed. Seventy-nine M. S. Plates (Mild Steel Plates) were unloaded from Wagon No. ERKC 75531. On November 14, 1970, one Ram Singh who was having R. R. No. 982859 Invoice No. 3 for 78 M. S. Plates and Invoice No. 2 R.R. No. 892857 for 60 M. S. Plates signed the RRs. and endorsed the same to M/s. Vallabhaji Brothers, Clearing Agents at Akola Goods Shed for taking the delivery. Clerk Onkar of the said firm was sent to take delivery. He took delivery of 78 plates from one B. J. Meshram, after paying the necessary railway dues of Rs. 1,813.80 P. and the 78 Plates were removed by the said party in lorries. The delivery of the second consignment of 60 M. S. Plates was taken on November 16, 1970 after paying the railway dues of Rs. 2,247.40 P. The said Ram Singh posed as a proprietor of Modern Industries which was found to be a fictitious firm, which never existed. The Deputy Commercial Superintendent, Bhusaval, on November 19, 1970, informed all concerned that the delivery from these wagons was obtained on fraudulent Railway receipts.

4. The inquiry into this case was en-rusted to the Complainant Inspector, P. A. Kakade, who is an officer of the Railway Protection Force. In the course of that inquiry, the statements of certain persons, including that of Balkishan, appellant herein, were recorded by the said Inspector.

5. On January 31, 1971, while inquiring into another case of Wadi Bunder in which Balkishan was involved, the Inspector recorded the confessional statement of Balkishan, appellant, herein. After making that confessional statement, Balkishan is said to have led Inspector Kakade, in the presence of Panchas, to Tulsiram Gupta Mills Estate Compound, where from 35 M. S. Plates were recovered. The Inspector further discovered that the M. S. Plates were shifted from Devi Dayals compound to Mittal Estate, Kurla-Andheri Road, Marol Naka and they were transported from there for Devi Dayals Estates. He recorded the statement of Tukaram, the owner of one of these motor-trucks on February 7, 1971. Tukaram stated that his lorry was engaged on November 1, 1971, by the appellant.