J U D G M E N T

S.B. SINHA, J.

1. Respondent at all material times was working as a Sub-Inspector (AICO-II). He was posted in the Intelligence Bureau. His principal function was to identify and collect sources of information from the locality in regard to anti national activities.

2. On or about 5th August, 1983, the respondent accompanied by the driver of an official jeep bearing Registration No. RSN 939, went to a place known as 'Ramsar Gagaria Road' in the District of Barmer. There, he allegedly found a large number of smuggled goods. While bringing the same in his jeep for their delivery to the Customs Authorities it was intercepted by a Jonga Jeep, which was being driven by one Bhoor Singh, a known smuggler, accompanied by the Head Constable Bhori Das and Constable Kirta Ram of the concerned Police Station. They were brought to the Police Station and arrested inter alia on the charge that the respondent, in conspiracy with the smugglers had been taking the smuggled goods in his official jeep.

3. Proceedings under the Customs Act were initiated on the basis of the First Information Report lodged by the said Head Constabl