Dy. Inspector General B.S.F vs State Of West Bengal & Ors

The Supreme Court upheld the High Court's judgment, affirming that the respondent-accused was not on active duty at the time of the alleged incident, thus rendering him not triable under Section 80 read with Section 4 of the Border Security Force Act. The Court emphasized the necessity of active duty status for applicability of the provisions, leading to the dismissal of the appeal. The ruling clarified the interpretation of the statutory provisions regarding the jurisdiction of military law.