The Kerala High Court has observed that a letter given or sent to a police officer by a person after the commencement of investigation of an offence come within the interdict under Section 162(1) of the Code of Criminal Procedure, 1973.
In the instant case, the investigation of the case was conducted by Excise Inspector. After the amendment of Section 50 of the Act with effect from 03.06.1997, Abkari Officers under the Act can only file a final report in accordance with Section 173(2) of the Code and they have to be treated as police officers (See Joseph v. State of Kerala : 2009 (4) KHC 537). If that be so, a statement made by a person to an Excise Inspector during the course of investigation has to be excluded from evidence by virtue of Section 162 of the Code (See Raja Ram Jaiswal v. State of Bihar : AIR 1964 SC 828). In the above circumstances, Ext.P7 letter has to be excluded from evidence. Then, there is no evidence to find that the petitioner was the licensee of the toddy shop during the relevant period.
Case name: M.R.BALAKRISHNAN vs. STATE OF KERALA Case no.: Crl.Rev.Pet.No.2792 OF 2009Coram: Justice R. Narayana PisharadiCounsel: Adv C.S.MANU and Sr.PP SANTHOSH PETER