JUDGMENT P.C. Borooah, J. 1. The appellant Rajey Singh Negi, who was at the relevant time a constable of the 75 Battalion. Border Security Force at Siliguri, was tried before a General Security Force Court, presided over by Sri S.P. Millick, Assistant Director, HQ DIG, BSF, North Bengal on a charge under S. 302 of the Indian Penal Code on the allegation that he had on July 10, 1973, shot Asdhan Rai, a fellow constable of the said Force, leading to his death on the following day. The Court, by an order dated November 1, 1975, found Rajey Singh Negi guilty under S. 304 of the Indian Penal Code and sentenced him to rigorous imprisonment for 10 years and dismissal from service subject to confirmation in accordance with the provisions of the Border Security Force Act, 1968 (hereinafter the Act). On March 20, 1979, Sri G. Majumdar, IG, BSF, West Bengal, confirmed the finding and senaence passed by the General Security Force Court. 2. Rajey Singh Negi thereafter presented a Memorandum of Appeal against his conviction and sentence to the Superintendent of the Berhampore Central Jail in accordance with the provisions of S. 420 of the Code Criminal Procedure, 1898. The Superintendent of the Jail forwarded the petition to this Court and a Bench of this Court taking undefended cases, admitted the appeal on July 23, 1976 and as such, this appeal has come up before us to day for disposal. 3. It is submitted by Mr. D.N. Das, appearing with our leave for the Border Security Force, that this Court has no jurisdiction to entertain the present appeal in view of the specific provisions of S. 117 (2) of the Act. This position is not controverted by Mr. D.K. Dutta who has been requested by the convicted prisoner to argue the appeal before this Court. 4. Rajey Singh Negi was found guilty for murdering a fellow constable and was convicted under S. 304 of the Indian Penal Code by a General Security Force Court duly constituted under the provisions of the Act. The order of conviction was also confirmed in accordance with S. 107 of the Act by the Inspector General, Border Security Force, West Bengal.
Rajey Singh Negi was found guilty for murdering a fellow constable and was convicted under S. 304 of the Indian Penal Code by a General Security Force Court duly constituted under the provisions of the Act. The order of conviction was also confirmed in accordance with S. 107 of the Act by the Inspector General, Border Security Force, West Bengal. Against the order of confirmation Rajey Singh Negi had a remedy as provided under S. 117(2) of the Act which reads as follows:- "Any person subject to this Act, who considers himself aggrieved by the finding or sentence of any Security Force Court which has been confirmed, may present a petition to the Central Government, the Director-General or any prescribed officer superior in command to the one who confirmed such finding or sentence, and the Central Government, the Director General or the prescribed officer as the case may be may pass such order thereon as it or he thinks fit." 5. The aforesaid provision of the Act provides a specific remedy to the convicted prisoner and there is no provision in the Criminal Procedure Code which empowers this High Court to entertion an appeal against the finding of the General Security Force Court which has been duly confirmed in accordance with the provisions of S. 107 of the Act. We, therefore, direct that the relevant records of this Case together with the paper books be sent back to the Superintendent or the Berhampore Central Jail, who will forward them to the proper authorities as laid down in S. 117(2) of the Act. Criminal appeal No. 209 of 1976 is thus disposed of. Let the records be sent down as quickly as possible. I agree Appeal disposed of with direction.