New Delhi: The Delhi High Court on Monday
dismissed the plea of a BSF head constable who was caught
red-handed while accepting Rs 400 as bribe from a smuggler at
Indo-Bangladesh border nearly twelve years ago.
A bench headed by Justice Pradeep Nandrajog disallowed
Ram Chander Singh` petition filed against his dismissal from
the force after being caught at a frontier post in the North
24 Pargnas district in west Bengal on November 13, 1998.
Singh took the plea that he received the envelope,
containing the bribe money, after being asked by a fellow
constable that a civilian wanted to deliver some necessary
He also alleged that his one of the senior officers
had earlier threatened him.
"Prima facie, the petitioner (Singh) receiving the
envelope, in a suspicious circumstance assumes significance
and militates against his innocence," the court said, adding
that moreover, he was not authorised to receiving any such
"It may be noted at the outset that Singh never
suggested during cross examination to any witness that he was
deputed or authorised to receive the mail on behalf of either
the unit or any officer or jawan in the unit, the bench also
comprising Justice Suresh Kait said in the judgement.
The court relied on the testimony of Saroj Kumar
Singh, a senior officer of BSF, who had deposed that a trap
was laid to catch Singh after it came to notice that he used
to take illegal gratifications for facilitating smuggling
across the Indo-Bangladesh border.
Bhakta Halder, an alleged smuggler, was provided
currency notes by the BSF officers and they were later
recovered from the possession of Singh, the officer had
"It was not his (Singh`s) duty to receive the `dak`
and even as per him the stated envelope was not addressed to
him required the petitioner to answer as to why did he receive
the envelope and with reference to his defence, his conduct of
receiving the envelope is also a piece of incriminating
evidence... the writ petition is dismissed.