- (1.) The appellant was a Head Constable attached with the 54th Battalion BSF. A contingent of the Battalion, of which the appellant was a part, was deputed at Station Headquarter BSF in Bikaner for annual collective training. Training being completed on 12th January, 2002, in the evening the contingent was directed to proceed to Baramulla where the Battalion was stationed. The BSF personnel including the appellant who were, post completion of training, to return to Baramulla boarded the train at Bikaner at 22.30 hours on 12th January, 2002. The train was to take them to Jammu. When the train reached Bhatinda in the morning it was reported that the appellant was missing. He had left the holdall in the compartment. The train reached Jammu at 2.00 PM. The next day, on reaching Baramulla this information was conveyed to the Commandant of the Battalion who took cognizance of the offence report as contemplated by Rule 43 of the BSF Rules, 1969. The appellant joined the unit on 23rd January, 2002 and was placed under arrest. Prima facie offences under Sections 19(a) and 32(b) of the BSF Act, 1968 were made out.
(2.) Proceeding under Rule 45 of the Rules of 1969 the Commandant took the view that it was a case where record of evidence needs to be prepared. On 13.2.2002 the Commandant directed 2-IC Shri U.K.Nayal to prepare the record of evidence.
(3.) During record of evidence HC Bhagwan Das was examined as PW1, HC Puran Singh as PW2, Constable Surender Nayak as PW3, HC Gajanan as PW4 and Dy.Commandant R.Chakraborty as PW5. The cumulative effect of the testimony of the said witnesses is that after the appellant alongwith members of the Force boarded the train at Bikaner in the night of 12th January, 2002 he was found missing with arms and ammunition which were issued to him. Testimony of HC Gajanan concerns issuance of arms and ammunition to the appellant. Testimony of others establishes the appellant missing from the train. Testimony of Dy.Commandant R.Chakraborty brings out that the SP (City), Mathura sent a message to the Force Headquarter regarding recovery of briefcase belonging to the appellant having arms and ammunition. The same was found abandoned.;