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Supreme Court of India 2023-04-13 allowed

B. S. HARI COMMANDANT vs UNION OF INDIA & ORS

Bench: 2 — Krishna Murari, Ahsanuddin Amanullah

In Brief

B.S. Hari Commandant, a Border Security Force officer with 31 years of unblemished service, was convicted by a General Security Force Court for smuggling controlled substances (Acetic Anhydride) across the India-Pakistan border. The High Court dismissed his writ petition challenging the conviction. The Supreme Court allowed his appeal, setting aside the conviction and sentence. The Court held that conviction rested solely on the statement of a co-accused subordinate officer without direct corroborating evidence, and the punishment was disproportionate given his distinguished service record. The Court also held that withholding pension post-retirement was unlawful and directed full retiral benefits be restored.

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Criminal Law Administrative Law Armed Forces Law Narcotic Drugs Pension and Retirement Benefits Proportionality Evidence Writ Jurisdiction Border Security Force Constitutional Law

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