AMAR SINGH BHATI Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner is an Ex-Assistant Commandant who was serving with Border Security Force (BSF). He had joined the BSF as a Constable in the year 1966 and, after getting few promotions during his service career, had risen to the rank of Assistant Commandant in the year 1993. Giving an example of exemplary service he claims that on 20.9.1993 while serving in Kashmir Valley he killed four militants in an encounter and in the process he himself sustained five bullet injuries and a major bomb splinter in his belly which were extracted by a major operation. During his service career, he further claims, he had earned about 20-22 cashawards, good entriesbyvarioussuperiorofficersbecauseofhis meritorious and unblemished record of his services.

(2.) However, according to the petitioner, he was implicated in a false case at the instance of Shri S.K. Ghosh, Junior Staff Officer (JSO) (General) and was tried by General Security Force Court (GSFC) w.e.f. 21.9.2000 to 23.10.2000 on a charge-sheet under Section 46 of the BSF Act read with Section 13(l)(e) of th'e Prevention of Corruption Act. The allegation against him was that he was found in possession of Rs. 24,000/- at BOP 'Gede' on21.8.1996 which allegedly was disproportionate to the known source of income from the petitioner. He was convicted of the aforesaid charge on 23.10.2000 and was sentenced to suffer rigorous imprisonment for one year, dismissal from service and fine to the tune of Rs. 5,000/-. The petitioner discloses the circumstances which led to framing of aforesaid charge and his trial by GSFC in his petition in detail. His version is in the following terms.

(3.) In July 1996 the petitioner was posted in 41 Bn BSF and the company of the petitioner was stationed at BOP Shikarpur. On 29.7.96 the company of the petitioner went to Rajapur training camp for collective training. The company personnel received their pay for the month of July 96 on 2nd or 3rd August, 1996. On 7th August, 96 the commandant of the unit directed that the company of the petitioner shall proceed to BOP Gede and the move was to commence on 10.8.96. It was directed that the company personnel shall move with light bedding and shall leave their boxes, suitcases and other heavy luggage at Rajapur training camp itself and the guard of oneNCOand 3 Constables. The petitioner passed such instructions to the coy personnel on 7.8.96 through the CHM (Coy Havaldar Major) and also passed instructions that since boxes and suitcases of Jawans were not being carried, if any person wanted to deposit his money with the coy Comdr (petitioner) for safe custody, he could do so. That between 8.8.96 to 10.8.96,8 coy personnel deposited the money of their pay and allowances with the petitioner i.e.. HC Pritam Singh (PW 6) deposited Rs. 2,000/-(Rs. two thousand only), Ct. Raghubir Singh (PW 13) deposited Rs. 4,000/-(Rs. four thousand only), Naik P.N. Singh (PW7) deposited Rs. 5,000/- (Rs. five thousand only), Naik Asheshwar Ram (PW 8) deposited Rs. 2,000/ - (Rs. two thousand only), Ct. B S K Nair (PW 12) deposited Rs. 4,000/- (Rs. four thousand only), Ct. Paramjit Chand (PW 14) deposited Rs. 3,800/- (Rs. three thousand eight hundred only), Ct. Anil Kumar (PW 10) deposited Rs. 1,700/- (Rs. one thousand seven hundred only) and Ct. Sushil Kumar (PW 11) deposited Rs. 1,500/- (Rs. one thousand five hundred only). Thus a total of Rs. 24,000/- (Rs. Twenty Four thousand only) was deposited by the Coy personnel with the petitioner for which the entries were made in the private fund cash book and were signed by the petitioner as well as the employees depositing the money. That on 21.8.1996 ShriS.K Ghosh (PW 1), Junior Staff Officer (General) from the intelligence branch of Frontier Headquarter, BSF Calcutta came to BOP 'Gede' and carried out the search of personal belongings of all the BOP personnel and seized the money of their pay and allowances found from their possession. After carrying out the search of all the personnel the JSO(G) and his team went to the hut of the petitioner to carry out his search. The petitioner on being asked voluntarily handed over Rs. 30,700/- (Rs. thirty thousand seven hundred only) to the JSO(G) which he possessed and told him that Rs. 24,000/- (Rs. twenty four thousand only) were of the Jawans as aforesaid and Rs. 6,700/- (Rs. six thousand Seven hundred only) were his own. The petitioner also offered to show the applications of the 8 personnel and the private fund cash book. However, the JSO(G) refused to see the same and seized the money i.e.. 30,700/- (Rs. thirty thousand seven hundred only) handed over by the petitioner. That on 28.8.1996, the JSO(G) submitted his detail report to the higher Headquarter stating that during his raid at the BOP 'Gede' he had seized about Rs. 1,08,000/- from BOP personnel including that of Rs. 30,700/- recovered from the petitioner. The }SO(G) alleged in his report that as per his information the amount recovered from the BOP personnel including the petitioner was received by them from the smugglers. It may however be most pertinent to mention here that there was not even a whisper in the Detail Report of JSO(G) that the petitioner had made any confession/admission before him.