Case Law Details
B. S. Hari Commandant Vs Union of India (Supreme Court of India)
Supreme Court held that conviction based on statement of single person without recovery of any incriminating documents/ articles during search is unjustified. Non-recovery during search obviously benefits the appellant.
Facts- The appellant is an Indian Army personnel. the local police conducted a search and a few Jerrycans of Acetic Anhydride, a controlled substance under Section 9A of the Narcotic Drugs and Psychotropic Substances Act, 1985 (“NDPS Act”), were stated to be located in Pakistani territory and in the fields owned by Indian civilians adjoining the border, for which First Information Report No. 92 dated 05.04.1995 i.e., on the same day, was lodged in Police Station Ferozepur, Punjab by the local police naming two persons viz. Lakhwinder Singh and Surjit Singh @ pahalwan as the accused showing them to be smugglers.
Thereafter, the appellant was directed to hand over charge and move to the STC, the Force, Kharkan, where he was placed under arrest. However, search of the appellant’s house did not lead to any recovery of any incriminating material(s).
On the basis of the Inquiry Report, the appellant was issued charge sheet dated 04.07.1995 under Sections 40 & 46 of the Border Security Force Act, 1968 (“BSF Act”). However, the charges were dropped.
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