Court : Guwahati
..... . k. munir, learned addl. public prosecutor, assam.6. presenting the case on behalf of the petitioner, mr. goswami has taken this court through the provisions of section 475, cr. p. c, sections 125 and 126 of the army act, 1950, and also the provisions of the criminal courts and court-martial (adjustment of jurisdiction) rules. 1978 (in short, 'adjustment of jurisdiction rules') and contended that ..... well as the court-martial? these are some of the important questions, which the present petition has raised.2. by making this application under section 482, cr. p.c, the petitioner, who is an officer subject to the army act, 1950, has prayed for, inter alia, setting aside the judgment and order, dated 2-4-2007, passed, in criminal revision no. 18/2007, by .....
Tag this Judgment!Court : Guwahati
..... police 30-09-2007 (15) the petitioner being an army officer is subject to the provisions of the army act, 1950 (the army act). section 69 of the army act provides that any person subject to this act who commits any civil offence would be deemed to be guilty of an offence under the army act and if charged, would be liable to be tried ..... by a court martial and if convicted, would be punished as prescribed. section 69 is, however, subject to section ..... the central government by a notification in this behalf. civil offence is defined in section 3(ii) of the army act which means an offence which is triable by a criminal court. active service as defined in section 3(i) of the army act means the time during which such person, amongst others, is attached to or forms .....
Tag this Judgment!Court : Guwahati
..... . the moment offence under the narcotic drugs and psychotropic substances act, 1985 is committed by member of armed force and he is tried under section 69 of army act, 1950, the relevant provisions of the narcotic drugs and psychotropic substances act, 1985 relating to offence for which the army personnel is tried would be incorporated in the army act, 1950. section 69 is a legislative device by which all civil offences ..... part of india. therefore any offences triable by any court of ordinary criminal justice will be a civil offence for the purpose of the army act, 1950. by virtue of section 69 any person, subject to army act, 1950, that is to whom the act applies commits any civil offence at any place in or beyond india, shall be deemed to be guilty of an offence against the .....
Tag this Judgment!Court : Guwahati
..... question it would be appropriate to look into the relevant statutory provisions. the army act, 1950 is enacted to consolidate and amend the law relating to the governance of regular army. section 2 of the act enumerates the different categories of army persons who are subject to the act. section 3(iii) defines 'civil offence' to mean an offence which is ..... article by the petitioner and in the absence of such proof, the gcm committed grave error in holding the petitioner guilty of the charge under section 69 of the army act and sentencing the petitioner thereunder. in support of his contentions, the learned senior counsel for the petitioner, also referred to a decision of the ..... 1.4.1997. the petitioner was not found guilty of the second charge and was acquitted thereof. the gcm, however, found the petitioner guilty under section 69 of the army act. on the 2nd day april, 1997, the gcm announced the sentence by awarding 4 (four) years' rigorous imprisonment as well as dismissal from service. .....
Tag this Judgment!Court : Guwahati
..... this court dealt with the scope and applicability of the army act, 1950 to the assam rifles with reference to the notification no. sro 318 dated 6.12.1962 issued by the central government under section 4 of the act. the learned single judge held that the provisions of the army act are applicable to the assam rifles. i do not find ..... 'tentative charge sheet the accused no.371051w rfn/na pradeep kumar tomer of 26 assam rifles is subject to the army act under the provision of army act section 4(1) reads with src 318 of 06 december 62 and charged with:army act section 39(b)without sufficient causa overstaying leaving granted to himin that he. at field, on llth october, 1999 having ..... petitioner also failed to prove that for some valid reason he was unable to resume his duty on expiry of leave. the charge preferred under section 39(b) of the army act for overstaying the leave granted to him has not been denied and no attempt was made during the proceedings before the summary court martial to prove .....
Tag this Judgment!Court : Guwahati
..... before the summary court martial proceedings.14. indisputably, the petitioner has been tried for committing civil offence under section 69 of the army act, 1950 for abetment under section 109 ipc read with section 20(b) of the ndps act, 1983. the offence against the petitioner is abetment of his colleague in procuring and transporting 30 kgs of ganja ..... .01, followed by a supplementary petition dated 27.7.01 before the deputy inspector general hq, nagaland range (south), assam rifles, kohima under section 164 of the army act, 1950 against the impugned summary court martial proceedings dated 3.8.1999. in those two petitions, the petitioner made no allegation, not even a whisper ..... of punishment. the said writ petition was disposed of on 12.3.01 allowing him to file a petition before a competent authority under section 164 of the army act, 1950 and directing the competent authority to dispose of the petition within 2 months from the date of receipt of the said petition from the petitioner .....
Tag this Judgment!Court : Guwahati
..... opinion, the petitioner was intimated by his commanding officer that he would be tried by the summary court martial (scm) for the offence committed under army act, 1950 (section 46a). copies of the summary of evidence and additional summary of evidence along with the charge sheet were also enclosed. the charge sheet reads as ..... basis the petitioner was awarded with the aforesaid penalties.7. being aggrieved by the order of penalty, the petitioner made an application under section 164 of the army act, 1950 to the general officer, commanding-in-chief specifically taking the ground that scm was convened irregularly and he was forced to plead guilty with ..... the petitioner being aggrieved by the order of conviction, sentence and dismissal from service made an application under section 164 of the army act, 1950 dealing with the grounds for interference with the same. however, the army authority simply rejected the same on grounds that the points raised by the petitioner lacked merit as the crime .....
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..... june 1996, while on active service, by intentionally causing the death of miss. rukhieznuo, daygther of heu rulho, a civilian, committed murder. third charge deserting the service army act section 38(1) in that he, at field on 29 june 1996, while on active service, absented himself from the unit, until apprehended by the search party of the ..... unit from nearby jungle on 02 july 1996. fourth charge committing a civil offence, that is to say army act attempt to murder, contrary to section section 69 307 of the indian penal code in that he, at field on 29 june 1996, fired three shot from his 7.62 mm self ..... equipment reparier name ram rattan, 5th battalion the jammu and kashmir rifles, is charged with :- first charge committing a civil offence, that is to say, army act contrary to section 302 of the indian section 69 penal code in that he, at field on 29 june 1996, while on active service, by intentionally causing the death of mr. het bahadur, .....
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..... prosecution for violating the provisions of the arms act, by virtue of some exemption notification issued under section 14 of the arms act.20. section 2 of the army act, 1950 makes specific provision dealing with the liability. under section 69 of the said act any person subject to the said act who commits any 'civil offence', which expression is defined under section 3(ii) to mean an offence which is ..... provisions of the army act, 1950 commits an offence defined under the ipc or any other law, which is to be tried in accordance with either the code of criminal procedure or any other appropriate law, is required to be tried in accordance with the procedure established under the army act. section 70 of the army act carves out an exception to section 69 of the act.section 70. civil offences .....
Tag this Judgment!Court : Guwahati
..... murder, cont-section 69 rary to section 302 of indian penal code,in that he,at field, on 01 oct. 98, by intentionally causing the death of no. 410538 h. havildar (general ..... ipc. the charge sheet (annexure-a) is qouted below:the accused, no. 41055if rfn./gd utpal saikia of 4 assam rifles, a person subject to army act as sepoy under section 4(i) thereof, read with sro 117 dated 28 mar 60 sro 318 dated 06 dec., 62 as amended by sro 325 dated 31 aug., 77, is charged with ..... committing a civil offencearmy act that is to say murder, cont-section 69 rary to section 302 of indian penal code,in that he, at field, on 1 oct. 98 by intentionally causing the death of no. 411570 k. rifleman (general duty) rudra bahadur chhetri of the same unit, committed murder.second charge committing a civil offence,army act that is to say, .....
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