( 1 ) THIS petitioner was charged with three offences punishable under Section 7 of the Prevention of Corruption Act, 1988 (hereinafter called the act of 1988 ). The first charge against him is that he accepted gratification for providing safe passage to one Shri Partap Singh for smuggling of gold. Secondly he agreed to provide safe passage to one Shri Charan Singh for smuggling of weapons from Pakistan, who had a design to purchase Naka to smuggle weapons from Pakistan. Thirdly the petitioner voluntarily omitted to inform about the said design to his superior officer. Proceedings before General Security Force Court were held under the Border Security Force Act,1968. After affording full opportunity to the petitioner, the proceeding of conviction was submitted. Authority sentenced the petitioner to suffer rigorous imprisonment for four years and also dismissed from service. This sentence was confirmed by the appropriate authority. It is against this conviction and sentence that petitioner has felt aggrieved. He has approached this Court for setting aside the same.

( 2 ) IN order to appreciate the challenge by the petitioner to the impugned order, we must have a qui