PARVEEN RAWAT(CAPT ) Vs. STATE OF J&K

JUDGEMENT

(1.) THE petitioners are seeking to invoke the inherent jurisdiction of this Court vested U/S 561 -A Cr.P.C. for quashing FIR Nos. 75 and 103/2005 registered at Police Station Leh and order dated 22.9.2005 passed by Chief Judicial Magistrate Leh. The controversy involved relates to petroleum scam in which instead of petrol products water was being supplied to the army. Petrol products i.e. kerosene, diesel and petrol in private trucks/tankers was to be carried from Ambala Depot of Indian Oil Corporation to Army Field Petrol Depot (FPD) Leh. When the trucks/tankers carrying petrol products reached at Leh the Commandant of the Unit under whose control FPD Leh was received information from military intelligence that some of the tankers/trucks instead of petrol products were carrying water. He then lodged a report with Police Station Leh and issued instructions that no tanker/truck shall be allowed to enter the premises of FPD Leh. Simultaneously the Station Commandant Leh constituted a Board of officers for checking the products in the trucks. The police after registering the FIRs also swung into action and seized the trucks/tankers. The drivers of the trucks/tankers were arrested, since they were found to be carrying water instead of petrol products. During investigation the petitioner No.1 who is a Captain in the army, was also arrested and remand U/S 167 Cr.P.C. was obtained for his custody from C.J.M.Leh.The FIRs registered by the police are for commission of offences U/Ss 467,409,420 and 120 -B RPC and 5(2) of P.C.Act. Investigation is still in progress and charge sheets are yet to be filed before the criminal court for trial of the accused.

(2.) THE army on its part also initiated inquiry into the matter. G.O.C. 14 Corps in whose over all control FPD Leh falls by his order dated 18.7.2005 ordered for convening of Court of Inquiry. After Court of Inquiry proceedings various army personnel, including the petitioners herein, were found to be involved in the scam and consequently G.O.C. 14 Corps directed initiation of action under Army Act 1950 against them for various acts of omission and commission punishable under Army Act. Pursuant to his directions petitioners were removed from their respective posts on which they were posted and were attached to different units for investigation of charges against them under Army Act. This apart the petitioners 1&3 have also been suspended from duty in terms of para 349 of Army Regulations under Army Act 1987 which amounts to open arrest.

(3.) ONE of the FIR was registered at the instance of petitioner No.3 against seven civilian drivers who had brought water instead of diesel from Ambala to FDP Leh on 16.7.2005. Petitioner No.2 had also lodged report with I.O.C. Amabla and Jammu to take disciplinary action against the civilian drivers for blacklisting them. Tentative charge sheets have also been served upon petitioner Nos. 3&4. Petitioner No.3 has been charged for commission of offence U/S 52 -F and 45 of Army Act whereas petitioner No.4 for commission of offence U/S 69 of the said Act. Summary of evidence is being collected and recorded. It is admitted case of the petitioners that they have yet not been tried, convicted or sentenced for the said offences under the Army Act. Petitioners 1&2 having applied before learned C.J.M.Leh, seeking quashment of the orders dated 8th and 13th Sept. 2005 issued U/S 167 Cr.P. C. by which petitioner No.1 had been remanded to police custody, petitioners prayed for maintenance of status quo -ante/release from custody on the ground that they were governed by Army Act and therefore Code of Criminal Procedure had no application and as such the remand orders were not valid and legal. Learned C.J.M.Leh by his order dated 22.9.2005 has rejected the application.