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7. On completion of hearing of the charge, Shri Raj Singh, the Commandant, 130 Bn, BSF directed preparation of an Abstract of Evidence under Rule 49 of the BSF Rules and detailed the aforesaid Shri P.V. Eappen, Deputy Commandant for the same.

8. In the abstract of evidence which was recorded by Shri P.V. Eappen, eight witnesses namely PW 1 - Inspector D.K. Das, PW II

- SK Deb Barman, PW III - Kishan Lal; PW IV - Chandan Singh; PW V - Baldev Singh, PW VI - Sweeper Desh Raj, PW VII - HC Nagendra Jha & PW VIII - Jethu Singh, were examined between 30th & 31st December, 1998.

12. The charge on which the petitioner was arraigned to stand trial before the SSFC read as follows :-

"BSF ACT, 1968 SECTION 26 'INTOXICATION' In that he, at Madhopur Market on 26.12.98 at about 1700 hrs was found in a state of intoxication."

13. The proceedings of the Summary Security Force court were held on 17th February, 1999 by the commandant. The petitioner was assigned Shri R.V. Yadav, Assistant Commandant of the battalion as the friend of the accused, in accordance with Rule 157 of the BSF Rules, 1969. The chargesheet was stated to have been read and explained to the petitioner.

38. An abstract of evidence is ordered and prepared under Rule 49 of the Border Security Force Rules, 1965 (BSF Rules, 1965 hereafter). As per sub-rule 2(a), the abstract of evidence is required to include signed statements of witnesses whenever available or a precis thereof as well as copies of all documents intended to be produced during trial. Under sub-rule (3) of Rule 49, the accused is mandatorily required to be given an opportunity to make a statement after he has been cautioned in terms of sub-rule (3) of Rule 48.

46. It is noteworthy that Rule 49 of the BSF Rules permits the commandant to record the abstract of evidence himself. However, vide the order dated 28th December, 1998, the Commandant detailed the Deputy Commandant Shri P.V. Eappen for the same.

47. The petitioner stood charged with the commission of an offence under section 26 of the Border Security Force Act, 1968. The commission of an offence under Section 26 is punishable by imprisonment extending upto six months or such lesser punishment as is prescribed under the Act. Section 48(c) and thereafter of the statute prescribe dismissal, punishment of reduction of rank and the other punishments noticed hereinabove.