Petitioner was serving in Border Security Force as Constable. While on active duty he was apprehended by the Civil Police for his involvement in the Commission of offence under sections 376/452 RPC. Challan was presented before the Chief Judicial Magistrate, Udhampur on 6. 7. 1998, when he was committed for trial to Sessions Judge, Udhampur on the same day. Since the petitioner was serving in Border Security Force, Dy. Inspector General. Station Headquarter, BSF CI (OPS) Ramban moved an application dated 26.10.1998 before the Sessions Judge, Udhampur with a request to hand over the accused to the BSF authorities for his trial by the Security Force Court, in terms of Section 80 of the Border Security Force Act. Learned Sessions Judge accepted the request of the BSF authorities and vide order dated 2. 2. 1999 transferred the custody of the accused/petitioner to BSF for trial by the Security Force Court. Relevant record of the case was ordered to be transmitted to the DIG, Border Security Force under rules. Consequent upon the afore-said order passed by the Sessions Judge, Udhampur, the Commandant, 108 Bn. BSF where the accused was posted at the relevant time issued charge-sheet dated

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