Order.-The seven petitioners were convicted by the Additional First Class Magistrate of Negapatam under rule 84(3) read with rule 121 of the Defence of India Rules punishable under rule 84(6) of the same rules. On appeal the Sessions Judge of East Tanjore at Negapatam confirmed the conviction but reduced the sentences. The case against the accused was that they transported rice by sea from British India to Ceylon which is prohibited under a notification issued under rule 84 (3) of the Defence of India Rules. The learned Sessions Judge has set out the facts with care in his exhaustive judgment. The conviction depends exclusively upon the statements made by each of the petitioners to the Assistant Inspector of Customs who proved them as P.W.1. The main contention throughout on behalf of the accused has been that these statements are not admissible in evidence being repugnant to the provisions of section 25 of the Indian Evidence Act. Under that section, no confession made to a police officer can be proved as against a person accused of any offence. It is the petitioners’ contention that since the Assistant Inspector of Customs is invested under the Sea Customs Act with certain powers

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