1. The question before us is whether an Excise Officer duly empowered under S.20-A of Opium Act, 1878 (as amended by Kerala Act, 16 or 1963) to investigate offences under that Act, and who has investigated such an offence, can be compelled, when giving evidence at the trial, to disclose whence he got the information as to the commission of the offence. In other words, whether he can claim privilege under S.125 of the Evidence Act. pw.1 in this case, an Inspector of Excise, who had investigated an offence under S.9 of the Opium Act (as he was empowered to do under S.20-A) was asked in cross-examination to furnish the name of the person who gave him the information as to the commission of the offence. Objection was taken by the Assistant Public Prosecutor (presumably the witness was unwilling to answer the question) on the score that, under S.125 of the Evidence Act, the witness could not be compelled to answer the question. The learned Magistrate overruled the objection and the State has come up in revision, the Magistrate having very properly adjourned the case to enable it to do so.

2. S.125 of the Evidence Act runs as follows:

"125. No Magistrate or Police officer shall