Court : Kolkata
Decided on : Feb-17-1999
Reported in : (1999)2CALLT107(HC)
..... a final order with reasons nor could he get an opportunity to exercise his statutory right of making representation and/or appeal under section 117 of the border security force act. this writ petition was filed when the writ petitioner was in prison, and by an order dated 27.4.93 a learned judge of this ..... might have been sufficient to proceed to pass an order of punishment but in terms of the statutory rules framed under border security force act, the concerned respondents were bound to follow the procedure laid down under the act and rules framed thereunder. moreover, no reason has also been assigned in the order nor any final order has ..... the charges against the petitioner came within the purview of section 16(d) and section 46 of the border security force act which read thus :--'16. offences punishable more severely on active duty than at other times--any person subject to the act who commits any of the following offences, that is to say; (a) ........................ (d) without order .....
Tag this Judgment!Court : Jammu and Kashmir
Decided on : Dec-14-1999
Reported in : 2001CriLJ423
..... o.p. sharma, j.1. the petitioner a sub-inspector in the border security force was tried by a general security force court for committing extortion. he was found guilty of having committed the offence of extortion and sentenced to suffer rigorous imprisonment for one year and dismissal from service by order ..... the rules has been followed and complied. in support of this, he placed reliance on the record of the proceedings of the general security force court in which it is specifically mentioned that every provision of the act and the rules has been observed.7. the question involved for consideration is in what form the record of oath or affirmation is to be ..... of the rules. similar procedure has been followed in case of witnesses also who are to subscribe to the oath under rule 88. there is no provision either under the act or the rules that the form of oath as prescribed in rule 67 must be signed by the person subscribing and the one administering it and rightly so because what .....
Tag this Judgment!Court : Delhi
Decided on : Aug-13-1999
Reported in : 2000IAD(Delhi)435; 2000(52)DRJ473
..... .c) meeting, the sealed cover could not have been placed before the said committee. 2. the petitioner joined the border security force in 1998; that was posted as sub inspector in 100 battalion then deployed on the cooch bihar border of west bengal; that on 26.9.90, petitioner was traveling by train on duty from new cooch bihar to ..... applicable when decision to initiate disciplinary proceedings had already been taken on the date of d.p.c. but chargesheet not yet issued as the appellants were not required to act mechanically by ignoring glaring facts. 10. in the instant case, reliefs claimed are :- '(a) issue a writ, order or direction in the nature of' mandamus directing ..... petitioner at the time d.p.c. met; that it was only in 18.9.1995, a chargesheet was served upon him under section 40 b.s.f. act for loss of compass alleging negligence against the petitioner. 4. the respondents filed counteraffidavit, inter alia, contending that none of the reliefs prayed in the petition now survives .....
Tag this Judgment!Court : Kerala
Decided on : Jan-27-1999
Reported in : 2000(1)ALT(Cri)176; 1999CriLJ2231
..... governmental authorities also like directorate of revenue intelligence, directorate of enforcement, coastal guard, central reserve police force (crpf), border security force (bsf), the central industrial security force (cisf), the state armed police, intelligence agencies like the intelligence bureau, raw, central bureau ..... of investigation (cbi), cid, traffic police, mounted police and itbp, which have the power to detain a person and to interrogate him in connection with the investigation of economic offences, offences under the essential commodities act, excise and customs act, foreign exchange regulation act ..... human rights take place during the course of investigation, when the police with a view to secure evidence or confession often resorts to third-degree methods including torture and adopts techniques' of screening .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jul-21-1999
Reported in : (1999)157CTR(SC)3
..... in gazetted officers of the department of central excise. narcotics, customs, revenue. intelligence or any other department of the central government or of border security force, empowered in that behalf by general or special order of the state government to arrest any person, who he has reason to believe to ..... of gazetted rank of the departments of central excise, narcotics, customs, revenue intelligence or any other department of the central government or of the border security force as is empowered in this behalf by general or special order by the central government or any such officer of the revenue, drugs control, ..... acting under section 42.sec. 42 provides :'42. power of entry, search, seizure and arrest without warrant or authorisation.-(1) any such officer (being an officer superior in rank to a peon, sepoy or constable) of the departments of central excise, narcotics, customs, revenue intelligence or any other department of the central government or of the border security force .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jul-21-1999
Reported in : AIR1999SC2378; 1999(2)ALD(Cri)279; 1999CriLJ3672; 1999(65)ECC695; 1999LC545(SC); [1999(81)FLR303]; (1999)3GLR2483; JT1999(4)SC595; (1999)ILLJ254SC; 1999(II)OLR(SC)474; 199
..... vested in gazetted officers of the department of central excise, narcotics, customs, revenue intelligence or any other department of the central government or of border security force, empowered in that behalf by general or special order of the state govt. to arrest any person, who he has reason to believe to ..... of gazetted rank of the departments of central excise, narcotics, customs, revenue intelligence or any other department of the central government or of the border security force as is empowered in this behalf by general or special order by the central government, or any such officer of the revenue, drugs control, ..... acting under section 42.section 42 provides :-42. power of entry, search, seizure and arrest without warrant or authorisation.- (1) any such officer (being an officer superior in rank to a peon, sepoy or constable) of the departments of central excise, narcotics, customs, revenue intelligence or any other department of the central government or of the border security force .....
Tag this Judgment!Court : Delhi
Decided on : Apr-20-1999
Reported in : 1999IIIAD(Delhi)445
orderk. ramamoorthy, j.1. the petitioner is the mother of late d.s.bisht, who was serving as assistant commandant in 80 battalion, border security force, and who died in a road accident while he was undergoing signal training in signal training school, tigri camp, new delhi. the petitioner claimed extraordinary pension under central civil ..... central civil services (extraordinary pension) rules defines 'accident'. the same reads as under:-'accident' means_ (i) a sudden and unavoidable mishap, or (ii) a mishap due to an act of devotion to duty in an emergency arising otherwise than by violence out of and in the course of service.' 8. para 3(6) of the appendix 12 of the ..... deemed to be `on duty' at the relevant time. this benefit will be given more liberally to the claimant in cases occurring on 'active service' as defined in the relevant acts/rules (e.g., those applicable to bsf/crpf, etc., personnel). 14. as noticed above, the accident occurred at 6.00 p.m. in delhi when the petitioner was .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Feb-19-1999
Reported in : 1999(2)ALD352; 1999(1)ALD(Cri)504; 1999(1)ALT(Cri)518; 1999CriLJ2465
..... (he ndps act is extracted for ready reference which applies to this case :'power of entry, search, seizure and arrest without warrant or authorisation : (1) any such officer (being an officer superior in rank to a peon, sepoy or constable) of the department of central excise, narcotics, customs, revenue, intelligence or any other department of the central government or of the border security force as ..... and that is why they sent for fetching the mediators. it was only after a lapse of considerable time at about 11.45 p.m. when no mediators could be secured, they took up the search of the accused and the van during which they seized ganja from inside the car and also in the dicky of the car.10. ..... ganja on the back seat. then the officers sent one of the members of the search party to s.kola to secure mediators. he returned at 11.45 p.m. stating that none were available to come forward and act as mediators as it was night and got opened the side doors of the van and found 10 packets of ganja .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Feb-22-1999
Reported in : AIR1999SC1332; 1999(1)ALD(Cri)576; 1999CriLJ2044; JT1999(1)SC599; 1999(2)KLT21(SC); 1999(1)SCALE570; (1999)3SCC19; [1999]1SCR794; 1999(1)LC529(SC)
..... considered only one side of the picture and has not appreciated the reasons which drove the appellant to this dastardly act. it has been pointed out that high court has observed that appellant was a member of the border security force and prior to present occurrence had no serious dispute with the complainant party but for the matter pertaining to the ..... plot in question has belied the trust that the armed force had put in him by betraying an utter lack of discipline; the murders ..... murders of innocent persons. there is no doubt that it is pre-meditated and in a well thought out manner. he was also a member of para military force. as against this, it is also on record that he has not committed any offence on any previous occasion. at the relevant time in 1990 when the incident .....
Tag this Judgment!Court : Karnataka
Decided on : Jun-15-1999
Reported in : ILR1999KAR2903; 1999(4)KarLJ668
..... special licences, hotel and boarding house licences, tourist hotel licences, tourist hotel beer bar licences, military canteen licences, military canteen stores bonded warehouse licence, border security force or paramilitary force licences, refreshment room (bar) licence, auctioneer's licences. rule 4 deals with filing of applications; rules 4-a, 5 provides for grant of licences ..... the same are liable to be dismissed.4. to appreciate the above contentions, it is relevant to extract some of the provisions of the act. the act is promulgated with a view to provide uniform laws regarding production, manufacture, import, export, purchase and sale of liquor and in such states ..... interest litigation assailing the action of the officers of the excise department empowered to grant licences, in granting innumerable licences under the karnataka excise act, 1965 ('act', for short) and rules framed therein. brief facts of the case are:2. the petitioners are the residents of different places in the .....
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