Dy. Inspector General B.S.F vs State Of West Bengal and Ors

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.