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3. An offence report was put up before the Commandant on February 17, 1999 listing three allegations against the petitioner viz. (i) manhandling two BSF personnel of the same Coy on February 10, 1999; (ii) being found in a state of intoxication on February 10, 1999, and (iii) of unauthorizedly possessing four rounds of ammunition on February 10, 1999. After hearing the petitioner with respect to the offence report the Commandant directed preparation of the Record of Evidence.
4. At the Record of Evidence, eight witnesses were examined by the prosecution viz. Sub.Mange Lal PW-1, HC Satpal Singh PW-2, Ct.Ramesh Chand PW-3, Ct.Surender Kumar PW-4, Asst.Comdt.Sriram Singh PW-5, HC Ashokan B. P6, Ct./Dvr.Suresh Kumar PW-7 and Ct.Anil Kumar PW-8.
11. Ct./Dvr.Suresh Kumar PW-7 deposed that on the day of the incident at around 20:00 hours he drove HC Ashokan B. to BOP P.J.Nagar where HC Satpal Singh handed him four rounds of ammunition.
12. Ct. Anil Kumar PW-8 deposed in sync with Ct.Ramesh Chand and HC Satpal Singh.
13. Record would evidence that the petitioner made a statement of defence during the Record of Evidence proceedings. Petitioner stated that on the day of the incident when he returned from the Outpost to the barrack at 18:30 hours, Ct.Ramesh Chand and Ct.Surender Kumar abused him and accused him of cattle smuggling. When he denied indulging in any kind of smuggling they thrashed him and he lost a tooth in the scuffle. HC Satpal Singh intervened and asked him for his rifle and ordered him to proceed for naka duty. He proceeded towards the naka point but returned to the barrack on realizing that he had forgotten his bidi. He was attacked again by Ct.Ramesh Chand and Ct.Surender. HC Satpal Singh intervened and stopped the scuffle. HC Satpal Singh found two rounds of ammunition on the ground. Ct.Ramesh Chand and Ct.Surender Kumar told HC Satpal Singh that the rounds belonged to the petitioner. HC Satpal Singh and Ct.Anil Kumar threatened to make adverse statements against him and cancel his leave if he reported regarding the incident to the senior force personnel.
15. Record would evidence that at the arraignment petitioner pleaded 'Not Guilty' to the three charges.
16. Nine witnesses were examined at the trial which including the eight witnesses examined during Record of Evidence proceedings. The order of the witnesses examined by the prosecution at the trial is as follows:- HC Satpal Singh PW-1, Ct.Ramesh Chand PW-2, Ct.Surender Kumar PW-3, Asst.Comdt.Sriram Singh PW-4, HC Ashokan B. PW-5, Ct.Anil Kumar PW- 6, Sub.Mange Lal PW-7, Sub.T.P.Singh PW-8, Ct./Dvr.Suresh Kumar PW-9.
25. On being cross-examined by the petitioner he stated that HC Satpal Singh did not deposit the four rounds of ammunition in the kote and he kept them with him.
26. Sub.Mange Lal PW-7 deposed in sync with Asst.Comdt.Sriram Singh (PW-4) and HC Ashokan B. (PW-5).
27. Sub.T.P.Singh PW-8 deposed that a day after the incident i.e. on February 11, 1999 he conducted a search in the Outpost to ascertain and locate the surplus or deficiency in ammunition but he could not find anything. The next day he was told by HC Ashokan B. (PW-5) that the four rounds of ammunition he was looking for were with Ct./Dvr.Suresh Kumar (PW-9). He met Ct./Dvr.Suresh Kumar and collected the four rounds of ammunition. Ct./Dvr.Suresh Kumar told him that he the four rounds of ammunition were given to him when he visited BOP P.J.Nagar with HC Ashokan B.