RADHESHYAM SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) That the petitioner-appellant was the Subedar in the Armed Force on 2.11.93. While the appellant was proceeding to join the 4 Rajput Regiment at Jammu, he was detained by the Railway Protection Force's Inspector at Dimapur for alleged possession of ganja. Later on, he was handed over to the army. On 24.10.96, the appellant was charged under Section 69 of the Army Act, 1950 for committing the civil offence i .e., possessing ganja in contravention to Section 20(b)(i) of the Narcotic Drugs and Psycho- tropic Substances Act, 1985 and also under Section 39(a) of the Army Act, 1950 for absenting himself from his unit without leave from 16.9.90 to 2.11.93. After undertaking necessary procedural requirements, the appellant was tried by the General Court Martial and was punished for 4 years rigorous imprisonment and dismissed from service having been found guilty of the charge of unlawful possession of ganja in violation of Section 20(b)(i) of the Narcotic Drugs and Psychotropic Substances Act,1985. The appellant was absolved from the charges of absenting himself without leave from his unit. The punishment imposed by the General Court Martial was challenged in the High Court by filing a writ petition and the same was dismissed by the learned Single Judge. Aggrieved by the same, the present appeal is filed.

(2.) We have heard Mr. A. Sharma, learned counsel appearing on behalf of the appellant and Mr. C.Choudhury learned Central Government Standing Counsel for the respondents.

(3.) The only submission of the learned counsel for the appellant is that since the appellant being tried under the Narcotic Drugs and Psychotropic Substances Act, 1985, the trial could not have been by the General Court Martial under the Army Act, 1950 and it could have been by a Special Court constituted under the Narcotic Drugs and Psychotropic Substancess Act, 1985 by virtue of Section 36A of the Narcotic Drugs and Psychotropic Substance Act, 1985. Learned counsel has taken us through the provisions of Section 36A of the Narcotic Drugs and Psychotropic Substances Act, 1985. The relevant part of the Section 36A is quoted below:-