BSF has power to make seizures on roads, public property: SC

New Delhi, Oct 20 (UNI) The Supreme Court has said the Border Security Force has the power to make seizures on roads as it quashed the earlier order of the Sub-Divisional Judicial Magistrate who had ruled no confiscations can be made by the BSF on roads.

A bench comprising Justices Arijit Pasayat and Lokeshwar Singh Panta quashed the order passed by a Sub-Divisional Judicial Magistrate (SDJM) against the BSF personnel who had seized 22 quintals of sugar from India-Bangladesh border in Tripura in December 1999.

The apex court in its judgment said, the SDJM made certain observations which prima facie do not appear to be sustainable. The SDJM had said carrying sugar is not a penal offence and the BSF has no authority to seize goods from public places.

Respondent Arjun Das was driving a jeep when he was intercepted by the Assistant Commandant of the BSF. During interrogation, he failed to produce valid documents related to the sugar he was carrying in his vehicle.

The BSF patrol party seized the sugar and arrested Das suspecting it was being smuggled into Bangladesh where it was in great demand. The SDJM had ordered his release.

The Supreme Court in its judgement said the BSF has the authority to make seizures on roads and other public property in compliance with notifications issued by the Defence Ministry which deal with the functioning of the security forces posted in Jammu and Kashmir, Punjab, Gujarat, West Bengal, Asom and Tripura.

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