Border Security Force Act, 1968
Sections 40 & 46—Civil offences—Punishment imposed on appellant by General Security Force Court—Appeal—Appellant an ex commandant of BSF convicted under various provisions of BSF Act and NDPS Act for allegedly allowing trans-border drugs smuggling and sentenced to ten year’s Rigorous Imprisonment with fine and also dismissal from service—Doctrine of proportionality—Penalty imposed must be commensurate with the gravity of misconduct—Subordinate personnel have been adjudged guilty, indicating their active involvement—Conviction of appellant solely based on the strength of statement of co-accused—Neither there is any direct evidence against appellant nor any recovery from his house—Appellant has served the country for over 31 ½ years without blame or blemish and has received various awards—A person cannot be deprived of pension dehors the authority of law—In the absence of direct and cogent evidence against appellant, even if the GSFC was convinced of appellant’s guilt, punishment handed out was too harsh, paying heed that appellant would, even then, be a first-time delinquent, and not a habitual offender—Impugned Judgment is quashed and set aside—Conviction and sentence awarded by GSFC is also set aside—Appellant held entitled to full retiral benefits from the date of his superannuation till date—Appeal allowed. [Narcotic Drugs & Psychotropic Substances Act, 1985, Section 25; Evidence Act, 1872, Sections 10 & 30]
[Paras 30 to 39]
Practice and Procedure
Judgments and Orders—Directions for uniform format of Judgments and Orders—All Courts and Tribunals, as a matter of practice, number paragraphs in all orders and judgments in seriatim.
[Para 56]