Deputy Inspector General, Bsf vs State Of West Bengal & Ors

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL MISCELLANEOUS PETITION NO. 7930 OF 2010 in CRIMINAL APPEAL NO. 302 OF 2005 DEPUTY INSPECTOR GENERAL, BSF APPELLANT VERSUS STATE OF WEST BENGAL & ORS. RESPONDENTS O R D E R We find that the judgment of the High Court is perfectly in accordance with law. The respondent- accused was not on active duty when the alleged incident took place and he was, therefore, not triable under Section 80 read with Section 4 of the Border Security Force Act. There is also no record to show the same.

The Appeal stands dismissed.

. J [HARJIT SINGH BEDI] . J [C.K. PRASAD] NEW DELHI AUGUST 09, 2010.