KARTAR SINGH Vs. STATE

JUDGEMENT

(1.) THIS reference has been made by the learned Sessions Judge, Udhampur, in the following circumstances: -

(2.) AGAINST this Order Kartar Singh, accused, filed a revision application before the learned Sessions Judge, Udhampur, on the ground that the Criminal court had no jurisdiction to try him for the offences for which he was charged as the said offences were triable by Border Security Force Court under section 46 of the Border Security Force Act. The learned Sessions Judge has made a reference to this court in somewhat indefinite terms and has recommended that the order passed by the Chief Judicial Magistrate be set aside.

(3.) THE case came up before me on 21 -5 -1974 when I heard the counsel for the parties in part. As the objection to the validity of the rules framed under the Border Security Force Act was raised by the counsel for the State Border Security Force Act was raised by the counsel for the State I issued notice to the Union of India by my order dated 21 -5 -1974 to appear in the case Mr. N. S. Bhains, standing counsel for the Border Security Force has appeared on behalf of the Union of India. I have heard Mr. Bhains on behalf of the Union of India as also Mr. Singh and Chand Mohan Gupta representing the State and Kartar Singh driver respectively.