regards the procedural aspect under NDPS Act
would not arise, as such infraction of Section 42 of the NDPS Act
cannot be said ... NDPS Act .
Once the petitioner was put on trial for an offence under the NDPS
Act , the General Court Martial and the Army authorities cannot
attention to the fact that
Sections 162 and 121 of the Army Act, 1950 are in pari
material with Sections ... Army is likely to create a distorted picture in the
minds of the military personnel that persons subject
to Army Act are not citizens
person subject to this Act who is guilty of any act or omission which though not specified in this Act, is prejudicial to good order ... Evidence Act, 1872 (1 of 1872), shall subject to the provisions of this Act, apply to all proceedings before a court-martial."
Army Rule
conduct in terms of the
provisions of the Army Act but under the
NDPS Act -- in the event, we clarify, a
particular state is taken ... NDPS Act .
Once the petitioner was put on trial for an
offence under the NDPS Act , the General
Court Martial and the Army authorities
cannot
Army Act and Rule 14 of the
Army Rules, and Section 45 of the Army Act, we may notice
these provisions:
Section ... same action which can
be taken against an Army Officer under Section 19 of the Army
Act read with Rule 14 of the Army Rules
Pension Regulation for the Army, 1961, Part I. provides that an individual who is dismissed under the provisions of Army Act is not eligible ... been declared as a deserter, and dismissed from Army under Section 20(3) of the Army Act. Sections 105 and 106 of the Army Act
been enacted to consolidate and amend law relating to regular Army. The Army Act contains provisions pertaining to Commission, Punishment and Enrolment, condition of service ... object of punishing the Army officials, who commit any such offence. The punishment for an offence defined under Army Act is for a definite purpose
defend himself. This Court, after considering various Army Orders, Rules and Provisions of the Army Act, concluded that the Court Martial had been properly held ... persons subject to Army Act is tried by court-martial for an act which is an offence under the Act. Court-martial discharges judicial function
subject to this Act.
(4) When a person subject to this Act is sentenced by a court-martial to death, this Act shall apply ... phrase.
As regards the trial of offences committed by Army men, the Army Act draws a threefold scheme. Certain offences enumerated in the Army Act
offences in this case are covered by Section 69 of the Army Act and hence triable by court-martial as well as by ordinary criminal ... limitation prescribed for court-martial proceeding by Section 122 of the Army Act, 1950 would not confer jurisdiction upon the ordinary criminal Court
