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2006 Supreme(SC) 954

ARIJIT PASAYAT, LOKESHWAR SINGH PANTA
Commandant, 68, Bn. BSF Gakulnagar – Appellant
Versus
Arjun Das – Respondent


JUDGMENT

Arijit Pasayat, J.—Leave granted.

2. Challenge in this appeal is to the judgment rendered by a learned Single Judge of the Guwahati High Court, Agartala Bench. By the impugned order High Court upheld the direction given for inquiry by learned SDJM, Belonia, South Tripura. The revision petition was filed under the Code of Criminal Procedure, 1973 (in short the Cr.P.C.)

3. 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. TR-03-2031 loaded with 22 quintals of sugar in 44 bags, each bag containing 50 kgs. The Jeep Driver i.e. respondent no.1 was asked to produce documents relating to the stock and transportation of sugar which was carried in the Jeep. But the driver said that he had no paper and expressed his inability to show as to who was the owner of the sugar. He stated that there some unknown persons asked him to carry sugar in his vehicle. The place where the vehicle was intercepted was at a distance of about 200 yards from Indo-Bangladesh border. Sin







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