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
..... 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
..... . 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
..... provides that no person shall transport, import, export or possess liquor. section 8(i) of the said act of 1995 provides for punishment for contravention of the provision of clause (a) of section 7.6. the respondent authority invoked jurisdiction for trial of the petitioner as provided in section 69 of the army act, 1950. the provisions contained therein provide for punishment of any person subject to ..... this act who at any place in or beyond india commits any civil offence. the petitioner has been .....
Tag this Judgment!Court : Guwahati
..... 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
..... 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
..... a rifleman in the 14th assam rifles and he was prosecuted under section 69 of the army act, 1950 (hereinafter referred to as the army act ), for committing a civil offence, punishable under section 20(b) of the narcotic drugs and psychotropic substances act, 1985 (hereinafter referred to as the the ndps act ). the specific charge against the rifleman was that he was found ..... 0645 h at guwahati rly station, you were found in possession of 36 kgs of contraband ganja which is a violation of section 20(b) of the narcotic drugs and psychotropic substances act 1985 and army act sec 69. (b) you have also stated to the court that you were forced by some drug peddlers residing in your ..... reply of the rifleman, the dig, assam rifles, nagaland range (south) on 21.8.2003 (annexure-4) invoked the powers under section 20 of the army act read with rule 17 of the army rules, 1954 and ordered for dismissal of the rifleman w.e.f. 31.8.20013. initially the petitioner challenged the dismissal order through .....
Tag this Judgment!Court : Guwahati
..... to the decision taken by the respondents in a geneal court martial, holding the petitioner guilty of committing of civil offence, i.e., murder, punishable under the army act, 1950 (hereinafter referred to as the act) imposing on him the sentence of dismissal from service and imprisonment for life.2. we have heard ms. rita das, mazumdar, advocate for the petitioner as ..... :the petitioner who at the relevant time was a permanent jawan of 28 assam rifles, being no. 2851019 rifleman (general duty), a person subject to army act as sepoy under section 4(1) of the act, read with sro 117 datred 28.3.1960, sro 318 dated 6.12.1962 as amended by sro 325 dated 31.8.1977 was charged as ..... follows to be tried by the general court martial.army act section 69committing a civil offence, that is to say, murder, contrary to section 302 of the indial penal code,in that he, at vijaynagar, while on active service, on 31 may 1998 by intentionally causing .....
Tag this Judgment!Court : Guwahati
..... singh is sentenced to 3 years' r.i. under section 19(f) of the arms act.5. in awarding punishment the learned district magistrate has kept in view two principles viz.:(i) that the ring-leaders in this conspiracy, the general and colonels, as it were of the army should receive heavier punishment than the privates and camp followers ..... to wage war against the government of india. on or about 9.3.50 they formed an army which they called 'red guard army' and regular military training was given to this army with arms and ammunition and other weapons.in march 1950 a hidden camp was discovered at nungshigum hill where the party members were given training in the ..... it is always difficult to secure outside and independent evidence. it is to be proved by circumstances. all the above documents discussed above are relevant under section 10 of the evidence act, both to prove the existence of conspiracy and to prove the conspiracy of the different accused in it. code names (tek names) is also a .....
Tag this Judgment!Court : Guwahati
..... and efficient management of forests, fisheries, etc., in the preamble, but incorporates the purpose and scope outlined in the preamble as substantive provisions in s. 3 of the impugned act. section 3 is in these terms : '3. (1) notwithstanding any law for the time being in force or the terms of any contract or grant, whenever it appears to ..... 3. in support of his contentions, mr. ghose has relied upon the judgment of shearer and sinha jj. in kameshwar singh v. province of bihar, a. i. r. 1950 pat. 392 (s. b.) and he has invited us to give effect to their judgment rather than the judgment of das j., who, while agreeing with shearer and sinha ..... property, is, however, subject to the requirement that it must be for a public purpose, and that provision is made by the legislature in the act for compensation. in 'minister of state for the army v. dalziel' sawer's australian constitutional cases, 499, rich j. observed :'the meaning of property in such a connection must be determined upon general .....
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