VIRENDER KUMAR Vs. UOI

JUDGEMENT

(1.) APPOINTED as a Constable with Border Security Force on 4.08.1986, the petitioner was attached with the 57th Bn. and posted at the Border Out Post (BOP), Ghaniake, Punjab. On 25.05.1990 a fire broke out in the night in the area within the jurisdiction of BOP Ghaniake and spread in the nearby areas and as a result of the fire a consignment of arms and ammunitions illegally hidden by either terrorists or subversive elements caught fire and there were blasts. Several terrorists/subversive elements were arrested and the next day i.e. on 26.5.1990 a search operation was carried out at which pistols and explosives, scattered around in the area, were recovered and seized.

(2.) IT is the case of the respondents that in March 1991 information was received that a BSF personnel had been apprehended with an unauthorized pistol by the Punjab Police, which pistol was of Chinese make and was of the same make and kind as were the pistols recovered and seized on 26.5.1990. Pursuant to said information, an inquiry was conducted by the intelligence branch and during inquiry Ct.Kamaljit Singh (of BSF), made a confession that during the search operations conducted on 26.05.1990, he had illegally not entered recovery of 2 pistols which were recovered during the search operations and did not seize the same and that 1 said pistol was handed over by him to the petitioner and the other to L/Nk. Gurmeet Singh. At the inquiry it transpired that the pistol handed over to L/Nk. Gurmeet Singh was in turn handed over by him to HC Surjeet Singh and that the pistol which was handed over to the petitioner was in turn handed over by him to his relative Ramesh Kumar who resided in village Khashkhash. IT also transpired that there were other constables of BSF who did not seize all the pistols which were recovered during search operations on 26.5.1990. The names of 7 constables of BSF surfaced as the culprits and needless to state, 1 of them was the petitioner.

(3.) AFTER hearing the charge on 7.12.1991 the Commandant directed, as noted hereinabove, that Record of Evidence be prepared and appointed 2-IC Harpal Singh as the recording officer to prepare the Record of Evidence, and a joint record of evidence was prepared by him in which proceedings 7 persons, including the petitioner participated and were given an opportunity to cross-examine the witnesses and make statements in defence.