Judgment

MUDHOLKAR, J. : (For self and Subba Rao, J.) In this appeal by special leave from the judgment of the Patna High Court affirming the conviction of the appellant under Section 47 (a) of the Excise Act and the sentences of rigorous imprisonment for one year and of fine amounting to Rs. 2,000 awarded by the Judicial Magistrate, First Class, Patna, the substantial question which falls for decision is whether a confession made by the appellant and recorded by the Excise Inspector who was investigating the case is inadmissible by reason of the provisions of S. 25 of the Indian Evidence Act, 1872.

2. It is not disputed before us by Mr. Chari that on August 3, 1957 a motor car bearing No. WBC 562 was stopped by the Excise Inspector, R.R.P. Sinha (P. W. 1) on the Baylev Road, near the New Secretariat, Patna, at 10.00 p.m. The car belongs to the appellant s brother Radhey Shyam; but he was not at that moment in the car. The car was then being driven by Jagdish Sah and the appellant was sitting by his side. Four other persons were sitting on the back seat. The Excise Inspector searched the car in the presence of three witnesses, Debendra Prasad Singh (P.W. 2), Paresh Nath Prasad Singh