JUDGMENT

1. Briefly stated, the facts of the case are that the petitioner was a Lance Nayak serving in the Border Security Force (BSF). He has challenged the orders whereby he has been convicted for having committed an offence punishable under section 30(d) of the BSF Act and dismissed from service. He has also challenged the appellate order whereby his appeal has been rejected. The allegations against the petitioner are that he purchased one stolen generator set from his colleague constable Maquebul Hussain which he kept in the house of his brother at Ramnagar Road No. 4, Agartala.

2. Sri S.M. Chakraborty, learned Senior Counsel appearing for the petitioner, submits that initially the charge was levelled against the petitioner under section 32 of the BSF Act which relates to misappropriation or criminal breach of trust in respect of property entrusted in the hands of the employee. Admittedly this section does not apply in the present case because the petitioner was never entrusted with the Honda generator set and he is alleged to have committed an offence punishable under section30(d) which deals with a situation where an employee of the BSF dishonestly receives or