BAHARUL ISLAM AHMED, S/O. MD. RIAZ UDDIN AHMED, VILLAGE Vs. THE UNION OF INDIA, REPRESENTED BY THE SECRETARY TO THE GOVT. OF INDIA, DEFENCE DEPARTMENT, NEW DELHI

JUDGEMENT

(1.) Heard Mr. F.U. Borbhuya, the learned counsel appearing for the petitioner. Also heard Mr. K.K. Parasar, the learned Central Govt. Counsel (CGC) representing the respondents.

(2.) The petitioner was a rifleman in the 14th Assam Rifles and he was prosecuted under Sec. 69 of the Army Act, 1950 (hereinafter referred to as 'the Army Act'), for committing a civil offence, punishable under Sec. 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 in possession of 36 kgs. of ganja on 30.11.1999, at the Guwahati Railway Station. The petitioner was arrested and handed over to his employer and a Summary Court Martial Proceeding was drawn up against him by the Commandant of the 14 Assam Rifles.

(3.) The trial commenced at 10:00 Hrs on 6.11.2000 and after closure of trial at 13:05 Hrs., the sentence of 89 days Rigorous Imprisonment (RI) in military custody was ordered against the rifleman. Following the sentencing in the Summary Court Martial, the petitioner was detained in military confinement but after his release from imprisonment, the rifleman was assigned regular duties w.e.f. 5.2.2001.