CHANCHAL SARKAR Vs. THE STATE OF WEST BENGAL

JUDGEMENT

(1.) The instant revisional application has been filed at the behest of the accused/ convict directed against the order and judgment dated June 17, 2022 passed by learned Assistant Sessions Judge, Siliguri.

(2.) The company Head Quarter Mahananda BOP of 176 Bn of the BSF lodged complaint with the officer-incharge, Phansidewa P.S. to the effect that on December 03 , 2021 at 4.55 hrs. the officers of the BSF were in a ambush party. The ambush party apprehended one Bangladeshi cattle smuggler with some cattle. On enquiry, the smuggler disclosed before the ambush party that he entered into the Indian territory a day before the date of incident taking advantage of darkness and bamboo bushes. The said smuggler was apprehended and the cattle were seized and forwarded to the officer-incharge of Phansidewa P.S. along with a written complaint.

(3.) On the basis of such written complaint, Phansidewa P.S. case No. 85 dated December 03, 2021 under Sec. 447/186/379/411/34 of the Indian Penal Code and Sec. 14A/14C of The Foreigners Act, 1946 was started against the petitioner.