UNION OF INDIA Vs. T K CHATTERJEE

JUDGEMENT

(1.) This writ appeal is directed against the judgment and order of the learned Single Judge dated 19.11.2004 passed in W.P.(C) No. 4146 of 2000 and W.P.(C) No. 5199 of 2002 wherein and whereunder the learned Single Judge set aside the penalty imposed upon the writ petitioner, IC-42417 F Major TK Chatterjee (Tapash Kumar Chatterjee) (at present the Lt. Col) by the General Officer Commanding-in-Chief, Eastern Command by confirming the findings of the Court Martial proceedings to the extent of : (a) to forfeit three years past service for the purpose of promotion, and (b) to be severely reprimanded.

(2.) The precise facts basing on which the respondent/writ petitioner filed W.P.(C) No. 5199 of 2002 assailing the Summery Court Martial convened against the respondent/writ petitioner for an offence under Army Act, i.e. Section 69 "Committing a civil offence that is to say abetment of the offence of transporting liquor, specified in Section 7(a) (i) of the Mizoram Liquor Total Prohibition Act, 1995, contrary to Section 8(1) of the said Act" and the order of the General Officer Commanding-in-Chief, Eastern Command dated 22.9.2000 imposing the sentence to the respondent/writ petitioner to the extent of forfeit three years past service for the purpose of promotion and severely reprimanded by confinning the findings of the Summary Court Martial are that the respondent-army authority had convened the Summary Court Martial proceedings against the respondent-writ petitioner basing on the fact that during April 1999 the respondent-writ petitioner, Major TK Chatterjee was performing the duty of Office Commanding No. 4, Detachment, ISG Eastern Command located at Mizoram. On 10.8.1999, NK Pushpender Singh contacted the respondent over writ petitioner the telephone, by that time the respondent was at Kolkata by availing casual leave and the respondent-writ petitioner ordered NK Pushpender Singh to come to Masimpur along with NK Naresh Kumar Yadav and also to bring Rs. 12,850/- (Rupees twelve thousand eight hundred and fifty) only which the respondent-writ petitioner had left with him before proceeding on leave. Accordingly, on 12.8.1999, NK Pushpender Singh and NK Naresh Kumar Yadav met the respondent-writ petitioner at Masimpur. Movement order for NK Pushpender Singh and NK Naresh Kumar Yadav for proceeding in the Maruti Gypsy bearing Regn. No. ML-01-2094 to Masimpur was signed by Nb Sub Mahender Singh. At Masimpur, respondent-writ petitioner also handed over a sum of Rs. 10,000/- only in the presence of Nk Naresh Kumar Yadav in a room of the Station Officers' Mess, Masimpur. For the whole amount of money, i.e. Rs. 10,000/- + Rs. 12,850/-, Nk Pushpender Singh and Nk Naresh Kumar Yadav had purchased different brands of Indian Made Foreign Liquor (for short 'IMFL') from different sources at Masimpur.

(3.) It is also the further case of the respondent-army authority that for transportation of the said liquor, i.e. IMFL, to Mizoram, the respondent writ petitioner also signed a letter of authority in favour of Nk Pushpender Singh and Nk Naresh Kumar Yadav without mentioning the quantity of liquors for unit purpose and not for sale. On 15.8.1999, Nk Pushpender Singh and Nk Naresh Kumar Yadav loaded their belongings and entire quantity of liquor in the Maruti Gypsy bearing registration No. ML-0-2094 and proceeded towards Aizwal. En route, at 12.45 hours when their vehicle i.e. Maruty Gypsy, reached Vairengte Excise Check Post, Mizoram, it was stopped by Sub-Inspector, Zonuthara. On inquiry made by Sub-Inspector Zonuthara as to why the said IMFL were transporting in the Gypsy, Nk Pushpender Singh showed the said letter of authority said to have been signed by the respondent writ petitioner. Sub-Inspector Zonuthara seized the said liquor by preparing seizure memo dated 15.8.1999 and also arrested Nk Pushpender Singh and Naresh Yadav. After preparing the seizure memo and arrest memo, Sub-Inspector Zonuthara prepared the seizure and arrest reports on separate papers and forwarded those reports to the Officer-in-Charge Excise Station Vairangte on the same day.