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1989 Supreme(Bom) 59

H.SURESH
R. N. Kaker, Deputy Director, N. C. B. – Appellant
Versus
Shabbir Fidahusein & another – Respondent


JUDGMENT - H. SURESH, J.:---Two questions arise in this petition:

(a) Whether the officers of the Directorate of Revenue Intelligence, Customs, Narcotics Control Bureau of the Central Excise, are police officers while investigating offences under the Narcotic Drugs and Psychotropic Substances Act, 1985?

(b) Whether the statements made before them are inadmissible in evidence under section 25 of the Evidence Act or under section 162 of the Code of Criminal Procedure?

2. The facts leading to the present petition, are briefly as follows: On 4th September, 1987 on the basis of a secret information, the Officers of the Directorate of Revenue Intelligence (D.R.I.), Bombay, assisted by the Officers of the Narcotics Control Bureau, Bombay, intercepted a Taxi bearing Registration No. MRO 6230, near Hotel Fariyas at Colaba, Bombay. Respondent No. 1 was the sole occupant as driver of the said taxi. The Officers saw a zipper bag at the feet of respondent No. 1. The Officers took the Taxi to their Office Building at Colaba. Two panchas were called and under the panchanama, the Officers recovered five cloth bags, each containing one kilogram of brown powder. On a testing it was found that the br





































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