COMMANDANT 68 BN BSF GAKULNAGAR Vs. ARJUN DAS

JUDGEMENT

(1.) Leave granted.

(2.) Challenge in this appeal is to the judgment rendered by a learned Single Judge of the Guwahati High Court, Agartala Bench. By the impugned order High Court upheld the direction given for inquiry by learned SDJM, Belonia, South Tripura. The revision petition was filed under the Code of Criminal Procedure, 1973 (in short the Cr.P.C.)

(3.) Factual background as projected by the appellant is as follows: On 31.12.1998 at about 5.50 p.m. Assistant Commandant of BSF with special Patrol party of BOP Radhanagar carried out special operation in BOP Rajnagar area and intercepted one Commander Jeep bearing No. TR-03- 2031 loaded with 22 quintals of sugar in 44 bags, each bag containing 50 kgs. The Jeep Driver i.e. respondent No. 1 was asked to produce documents relating to the stock and transportation of sugar which was carried in the Jeep. But the driver said that he had no paper and expressed his inability to show as to who was the owner of the sugar. He stated that there some unknown persons asked him to carry sugar in his vehicle. The place where the vehicle was intercepted was at a distance of about 200 yards from Indo-Bangladesh border. Since the place of seizure was at a short distance from the border and the answer given by the driver created strong belief in the mind of the Assistant Commandant of the BSF that the goods were intended for smuggling to Bangladesh where it was in great demand, the Assistant Commandant arrested the respondent and seized the sugar. On the next day i.e. 1.1.1999 at about 10.00 a.m. the arrested person was handed over to the P.R. Bari Police Station and the seized articles were handed over to the Inspector of Customs, Belonia who acknowledged the receipt in writing. The respondent No. 1 was produced before learned SDJM, Belonia on 2.1.1999 who started case No. 1/99. Learned SDJM observed that on the direction of BSF police forwarded the accused for no good reason. He further observed that carrying of sugar is not a penal offence and BSF had no authority to seize sugar on the public road and the police should not have taken any person from the BSF without being satisfied that any offence was committed. The learned SDJM took serious view of the functioning of the BSF and held that the BSF personnel were with their arms and might disobeyed all legal directions and the police was giving indulgence to them by acting on the directions of the BSF personnel. He directed release of the accused at once. He further directed the P.R. Bari, Police Station to find out the name of the BSF personnel who illegally seized the sugar on the public road which according to him was illegal. He also directed Company Commander Belonia BSF, 68 Bn., BSF to enquire and report about the seizure of sugar on the public road.