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2023 Supreme(SC) 359

KRISHNA MURARI, AHSANUDDIN AMANULLAH
B. S. Hari Commandant – Appellant
Versus
Union of India – Respondent


Advocates appeared:
For the Appellant(s) : Mr. Vivek Singh, AOR
For the Respondent(s): Mrs. Swarupama Chaturvedi, Adv. Mr. Harish Pandey, Adv. Mr. Sanjy Kumar Tyagi, Adv. Mr. Arvind Kumar Sharma, AOR

JUDGMENT :

AHSANUDDIN AMANULLAH, J.

1. Heard learned counsel for the parties.

2. The present criminal appeal is directed against the Final Judgment and Order dated 19.02.2010 (hereinafter referred to as the “Impugned Judgment”) [2010 SCC Online P&H 2558] rendered by the High Court of Punjab and Haryana at Chandigarh dismissing Criminal Writ Petition No. 03 of 1997 (hereinafter referred to as the “High Court”) preferred by the appellant (original writ petitioner). Leave was granted vide Order dated 29.08.2014.

THE FACTUAL PRISM:

3. The appellant joined the Indian Army on 09.02.1964. He was absorbed as an Assistant Commandant in the Border Security Force (hereinafter referred to as the “Force”) on 04.06.1969. Thereafter, he was promoted to the post of Commandant in the Force as well as granted selection grade in the rank of Commandant. He was also awarded various medals, including the Police Medal in 1994 by Hon’ble the President of India for rendering about 30 years of unblemished service. Later, he was transferred to Punjab as Commandant of the 1956 Battalion (BN) (BSF) with Headquarters at Mamdot, Punjab.

4. On 05.04.1995, the local police conducted a search and a few Jerrycans of Aceti


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