MD. RAFIK UDDIN Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This appeal arises from the judgment and order dtd. 10/8/2018 passed by the learned Single Judge in WP(C) No.456 of 2014 whereby, petition filed by the appellant under Article 226 of the Constitution seeking reinstatement in service in view of his acquittal from the criminal case was dismissed.

(2.) Appellant was a Rifleman in the 7th Bn. of Tripura State Rifles (TSR for short). In the year 2004, when he was posted in the 7th Bn., TSR in its Tripura Engineering College Camp at Jirania, a complaint was lodged against him on 9/9/2004 by Subedar Bhanu Debnath of the 9th Bn., TSR with the Officer In-Charge of Jirania Police Station alleging, inter alia that on 4/9/2004, Rifleman, Rakesh Roy informed him that two magazines of SLR along with 40 rounds of ammunitions were stolen from his custody. Despite search, the ammunition could not be recovered. According to the complainant, on 8/9/2004, appellant, Rafik Uddin told Rakesh Roy that he would be able to bring two magazines with 40 rounds of ammunitions from Bangladesh, if he was paid a sum of Rs.20,000.00. After negotiation they settled the amount at Rs.15,000.00. Rakesh Roy allegedly paid Rs.14,000.00 to the appellant in the morning of 9/9/2004 assuring that balance amount of Rs.1,000.00 would be paid by him to the appellant after recovery and delivery of the ammunitions to him. Appellant assured Rakesh Roy that he would bring the same by 5 O'clock in the afternoon of 9/9/2004.

(3.) Based on the said FIR of Subedar Bhanu Debnath, Jirania Police Station case No.50/2004 under Sec. 380 and 411 IPC and Sec. 25(1)(a) of the Arms Act was registered against the appellant. The Investigating Officer along with his accompanying police staff set up an ambush and the appellant was apprehended from near the auto-stand outside Tripura Engineering College Campus at Jirania. Allegedly, two magazines with 36 rounds of ammunitions were recovered from his possession. He was arrested and brought to the police station where he was subjected to interrogation. After interrogation, he made a disclosure statement leading to recovery of a sum of Rs.12,000.00 in cash from his home.