Deputy Inspector General, Border ... vs The State And Anr. on 4 January, 2002
10. It is needless to point out that under the
adjustment of jurisdiction rules, case is not to be
transferred to the BSF court for trial. The courts
constituted under the BSF Act are entitled to the delivery
of the accused and the statement of offence of which he is
charged. Judicial record or the record of Investigation
Agency is not required to be transferred. This view finds
support from the Division Bench decision of the Calcutta
High court in The Superintendent and Remembrance of Legal
Affairs, West Bengal v. C. Majumdar, 1978 Crl.L.J. 80.
Further, to ensure that proper proceedings are taken
against the accused the Rules require the Commanding
Officer of the Competent Authority to inform the
Magistrate about the action taken against the accused.
There is a possibility that the Commanding Officer may not
take effectual proceedings against the accused even where
the Investigating Agency or the Magistrate has found a
case for trial against him. To cover such exigency, Rule
7 requires that on receipt of information under Sub-rule
7(1) that the accused has not been tried or other
effectual proceedings against him have not been taken, the
Magistrate shall report the circumstances to the State
Government to take appropriate steps to ensure that the
accused person is dealt with in accordance with law.