DY. INSPECTOR GENERAL B.S.F. vs STATE OF WEST BENGAL .

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 found no evidence to contradict this position, leading to the dismissal of the appeal. The ruling reinforces the interpretation of active duty status in relation to the applicability of the Border Security Force Act.