Kolkata: The Central Bureau of Investigation (CBI) Anti-Corruption Branch, Kolkata has registered a regular case (RC No. RC0102026A0001) against unknown BSF officials and unknown private persons under Section 167 of the Indian Penal Code, 1860 (public servant framing incorrect document/electronic record with intent to cause injury) and Sections 8 & 21 of the NDPS Act, 1985 (offences relating to narcotic drugs and psychotropic substances).
The case pertains to a sensational 2008 border incident at Operation Post No. 1 of Border Out Post (BOP) Dayarampur, Murshidabad district, West Bengal (approx. 210 km north of Kolkata), where two BSF constables allegedly recovered a large quantity of contraband but were later dismissed after being falsely implicated.
Background of the Case (as per FIR and Delhi High Court Order)
On 26 December 2008 at around 11:00 AM, BSF Constables B. Ventkataswamy and Tarsem Singh, while on operational duty at BOP Dayarampur, intercepted a fleeing suspect and recovered 75 bottles of Phensydyl (a codeine-containing cough syrup widely abused as a narcotic).
The constables reported the seizure to their superior officers as per procedure. However, instead of initiating legal action against the actual offender, certain senior BSF officials allegedly:
- Submitted false and incorrect reports accusing the two constables of concealing and attempting to smuggle the contraband.
- Tampered with official records, including preparation of two different Roznamchas (Daily Diaries) for the same incident, which were later produced in different proceedings.
- Fabricated evidence to falsely implicate the jawans.
As a result, both constables were tried by a Summary Security Force Court (SSFC) under the BSF Act, 1968. They were convicted under Section 40 of the BSF Act, dismissed from service on 05 May 2009, and their appeals were rejected by the Appellate Authority.
Delhi High Court Intervention
The two dismissed constables approached the Delhi High Court through writ petitions — WP(C) No. 4512/2010 and WP(C) No. 4520/2010. After prolonged hearings, the Hon’ble Delhi High Court, in its order dated 08 September 2025, observed that there was prima facie sufficient material indicating serious irregularities, including:
- Tampering of official BSF records.
- Possible involvement of some BSF officers in smuggling activities at the border.
- Wrongful implication and framing of innocent personnel.
Noting that the case involved fundamental rights of the petitioners and many other BSF personnel, the High Court directed the CBI to conduct a thorough investigation instead of leaving it to local police.
CBI Action
Acting on the High Court directive, the CBI registered the present regular case on 02 March 2026 at 19:10 hrs. The investigation has been entrusted to Inspector Randhir Kumar Singh (No. 125865), CBI ACB Kolkata.
The FIR states that the matter is not merely about two individuals but raises larger questions of record tampering within the BSF and alleged border smuggling by persons in uniform.
The case is at a very initial stage. The CBI is expected to examine old records, Roznamchas, seizure memos, and statements of all personnel posted at BOP Dayarampur on the date of the incident.
This development comes nearly 17 years after the original incident and nearly six months after the Delhi High Court’s landmark order.
