Full Judgment Text
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.