NDLI: B. S. Hari Commandant Vs. Union of India & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	1968 Border Security Force Act Commandant sentenced to 10 years’ rigorous imprisonment Power of High Courts to sift through evidence
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Constitution of India Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985) Border Security Force Act, 1968 (47 of 1968)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 Referred Case 10 Referred Case 11
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Border Security Force Act, 1968 – Appellant-Commandant in Border Security Force was sentenced to 10 years’ rigorous imprisonment; imposed fine of Rs. 1,00,000/- and dismissed from service for allegedly permitting smuggling of contraband goods from India to Pakistan from Border fencing gate under his control – Held: Though in the armed forces, including the paramilitary forces, utmost discipline, unity of command are the sine qua non, the doctrine of proportionality still holds the field – In the present case, there is no direct evidence against the appellant – Except the statement of the Subedar (who was the actual in-charge of the area where the activity allegedly occurred) roping in the appellant, there is no material against him – Statement of a single person alone, ought not to have resulted in his conviction without other material(s) incriminating him or pointing to his guilt – Thus, in the absence of direct and cogent evidence against the appellant, even if the General Security Force Court (GSFC) was convinced of his guilt, the punishment handed out was too harsh and disproportionate – Appellant was a first-time delinquent and not a habitual offender – Moreover, the appellant has served the country for over 31½ years without blame or blemish and received various awards including medal from Hon’ble the President of India – His track record is otherwise unquestionable – Impugned judgment of High Court set aside – Conviction and sentence awarded by the GSFC set aside – Appellant entitled to full retiral benefits from the date of superannuation till date – Narcotic Drugs and Psychotropic Substances Act, 1985 – Doctrine of Proportionality – Armed Forces. Constitution of India – Article 226:Criminal writ petitions – Power of High Courts to sift through evidence – Discussed. Limit on exercise of power – Held: Art.226 is a succour to remedy injustice and any limit on exercise of such power is only selfimposed.Judgments/Orders – Paragraph-wise numbering in – Held: It is desirable that all Courts and Tribunals, as a matter of practice, number paragraphs in all Orders and Judgments in seriatim – Hon’ble Chief Justices of High Courts to consider adoption of a uniform format for Judgments and Orders, including paragraphing and accordingly direct the Courts and Tribunals subordinate to their High Courts – Directions by Supreme Court.
Judge	Hon'ble Mr. Justice Ahsanuddin Amanullah
Neutral Citation	2023 INSC 369
Petitioner	B. S. Hari Commandant
Respondent	Union Of India & Ors.
SCR	[2023] 3 S.C.R. 431
Judgement Date	2023-04-13
Case Number	1890

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