Commanding Officer, Head Quarter, ... vs State Of Bihar & Anr on 3 August, 2018
24. While explaining the aforesaid clause, viz.
Rule 4 (d) of the Rules, the Division Bench of this Court
in Ram Padarath Singh (supra) held that even when an
investigation is pending and the Army authority decides
to institute a proceeding before a Court-Martial, it can
seek the custody of the accused if the accused is in
judicial custody or in the police custody.