NATHU SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) IN the instant writ petition, the petitioner has prayed for quashing the finding and sentence of the G. C. M. Ex.-8 and letter dated 7. 8. 1992 Ex.-11, whereby appeal filed by wife of petitioner. Smt. Anchi Kanwar under Section 164, Army Act was returned.

(2.) ACCORDING to the facts of the petition, the petitioner was working as Sowar in Indian Army, 1 Horse (Skinner's Horse ). On 7. 6. 1991, he was arrested in connection with offence under Section 18 of the Narcotics Drugs & Psychotropic Substances Act, 1985 (in short, `the Act of 1985' hereinafter) for having been found in possession of 20. 020 kg of opium near village Thamansinghwala. Under the relevant Defence Personnel law, he was tried by the General Court Martial (in short, `gcm' hereinafter) and punished with a sentence to suffer rigorous imprisonment for 10 years as well as dismissal from service.

(3.) TURNING to the merit of the case, learned counsel for the petitioner contended that GCM gravely erred in law in ignoring the provisions of Sections 43, 57 and 42 of the Act of 1985 which are mandatory. It is contended that search was conducted by an officer below the rank of Inspector of police nor there is any evidence that the substance seized was sent for chemical examination in sealed cover. He has argued that non-compliance of the mandatory provisions of the Act of 1985 left the entire trial vitiated and, therefore, the finding of the GCM and consequent order of punishment is arbitrary and illegal.