SURESH LAL KOUL Vs. UNION OF INDIA
HIGH COURT OF JAMMU AND KASHMIR
SURESH LAL KOUL
UNION OF INDIA
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(1.) ORDER :- The petitioner a Sub-Inspector in the Border Security Force was tried by a General Security Force Court for committing extortion. He was found guilty of having committed the offence of extortion and sentenced to suffer rigorous imprisonment for one year and dismissal from service by order dated 13-3-1993.
(2.) The undisputed facts are that petitioner joined B.S.F. as constable on 1-4-1987 and subsequently was promoted to the rank of Sub-Inspector with effect from 14-12-1987. In May, 1992 the location of 131 Bn of BSF was somewhere in Kupwara. While posted there he allegedly picked up a resident of village Reshnag (Lalpura) of District Kupwara and released him only after extorting a promise from his father Ghulam Mohammed Pir to pay Rs. 5,000/-. The information about the petitioner having demanded Rs. 5,000/- for the release of his son from Ghulam Mohammed Pir was received by Sh. Ajit Singh, Commandant of 131 Bn, BSF on 17-7-1992 from Colonel (GS) of 28th Inf. Division. Further Major Kulwant Singh and one Major Sharma of Army Intelligence had also told him that money would exchange hands between 14:30 hours and 15:30 hours on 17-7-1992. He was also informed by these two officers that they had written expression "Raja Rani" and "Chor Sepoy" on the currency notes.
(3.) On the same day around 15:30 hours Sh. V. K. Jha, Deputy Commandant of 131 Bn BSF recovered Rs. 5,000/- from the personal search of the petitioner. The currency notes were of the same description and the petitioner failed to account for the amount found in his possession.;
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