B.S. HARI, COMMANDANT Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner-convict B.S. Hari, a dismissed Commandant of B.S.F. by invoking the powers of this court under Articles 226/227 of the Constitution of India is seeking the quashing of the trial held by the General Security Force Court, who vide its finding dated 10.4.1996 convicted the petitioner for an offence as envisaged under Section 25 of the N.D.P.S. Act read with Section 46 of the B.S.F. Act and sentenced him to undergo rigorous imprisonment of ten years and to pay a fine of Rs. 1,00,000/-. He also stands dismissed from his service.

(2.) THE petitioner aggrieved of the said order of conviction and sentence preferred this Criminal Writ Petition challenging various legalities with regard to the trial of the petitioner including the powers of the General Security Force Court that it had no power to convict and sentence him under the N.D.P.S. Act and therefore the proceedings taken in the matter are illegal.

(3.) IN this regard the local police recovered 29 jerricans of the said abandoned substance in that area and registered a case against the said civilians on 5.4.1995. After that the B.S.F. authorities got awakened and took action against the petitioner as mentioned above. It was the civil police who sent the samples for analytic report and on that report found that the said substance was acetic anhydride which is a prohibited substance and it can be by anybody under the authority of the Government of India by getting a licence.