Supreme Court · 2023 INSC 369 · Decided 13 April 2023
B. S. Hari Commandant v. Union of India & ORS.
- Court
- Supreme Court of India
- Citation
- 2023 INSC 369 · [2023] 3 S.C.R. 431
- Case number
- CRIMINAL APPEAL No. 1890/2014
- Decided
- 13 April 2023
- Bench
- KRISHNA MURARI, AHSANUDDIN AMANULLAH (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- Constitution Article 226, 227; NDPS Act
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 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
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