The learned SDJM took serious view of the functioning of the BSF and held that the BSF personnel were with their arms and might disobeyed all legal directions and the police was giving indulgence to them by acting on the directions of the BSF personnel.
He stated that there some unknown persons asked him to carry sugar in his vehicle.
But the driver said that he had numberpaper and expressed his inability to show as to who was the owner of the sugar.
BSF to enquire and report about the seizure of sugar on the public road.
Primary stand was that the order was passed in respect of the BSF personnel without affording any opportunity and without examining the powers of BSF functionaries under the Customs Act, 1962 in short Custom Act .
He further observed that carrying of sugar is number a penal offence and BSF had numberauthority to seize sugar on the public road and the police should number have taken any person from the BSF without being satisfied that any offence was companymitted.
66 of 2006 ARIJIT PASAYAT, J. Leave granted.
P.C. Factual background as projected by the appellant is as follows On 31.12.1998 at about 5.50 p.m. Assistant Commandant of BSF with special Patrol party of BOP Radhanagar carried out special operation in BOP Rajnagar area and intercepted one Commander Jeep bearing No.
Questioning companyrectness of the order passed by learned SDJM, the appellant filed revision petition before the Guwahati High Court.
Since the place of seizure was at a short distance from the border and the answer given by the driver created strong belief in the mind of the Assistant Commandant of the BSF that the goods were intended for smuggling to Bangladesh where it was in great demand, the Assistant Commandant arrested the respondent and seized the sugar.
The respondent number1 was produced before learned SDJM, Belonia on 2.1.1999 who started case number1/99.
The revision petition was filed under the Code of Criminal Procedure, 1973 in short the Cr.
He also directed Company Commander Belonia BSF, 68 Bn.,
On the next day i.e. 1.1.1999 at about 10.00 a.m. the arrested person was handed over to the P.R. Bari Police Station and the seized articles were handed over to the Inspector of Customs, Belonia who acknowledged the receipt in writing.
The Jeep Driver i.e. respondent number1 was asked to produce documents relating to the stock and transportation of sugar which was carried in the Jeep.
By the impugned order High Court upheld the direction given for inquiry by learned SDJM, Belonia, South Tripura.
Arising out of SLP CRL.
He further directed the P.R. Bari, Police Station to find out the name of the BSF personnel who illegally seized the sugar on the public road which according to him was illegal.
Challenge in this appeal is to the judgment rendered by a learned Single Judge of the Guwahati High Court, Agartala Bench.
The place where the vehicle was intercepted was at a distance of about 200 yards from Indo Bangladesh border.
He directed release of the accused at once.
TR 03 2031 loaded with 22 quintals of sugar in 44 bags, each bag companytaining 50 kgs.
