The interesting question coming up for judicial resolution in this case is as to whether the Excise Officers of the State Excise Department could be treated as "police officers" within the meaning of Sec. 25 of the Indian Evidence Act, 1872.

2. In this appeal filed under Section 374 of the Code of Civil Procedure, 1973 (Cr.P.C. for short), the appellant who was the sole accused in S.C. No. 351 of 1999 on the file of the Additional Sessions Court (Adhoc), Kalpetta, challenges the conviction entered and the sentence passed against the appellant for an offence punishable under Section 55 (a) of the Kerala Abkari Act.

3. The case of the prosecution can be summarised as follows:-

On 22.07.1997, at about 5.30 p.m., behind Perumbadapothiyil House belonging the accused by name Joseph alias Vellimala Pappachan at Vandikadavu in Padichira village of Sulthan Bathery taluk and abutting the Kanaram river , the accused was found in possession of 45 litres of illicit arrack. Since the said possession was in contravention of the provisions of the Abkari Act, the accused has thereby committed an offence punishable under Section 55(a) of the Abkari Act.

4. On the accused pleading not guil