ALBERT WEST MEADS Vs. KING

JUDGEMENT

(1.) This is an appeal, by the leave of the Federal Court of India, against the judgment of the Federal Court dated 20 - 11 - 1944, dismissing the appellant's appeal against the judgment of the High Court of Judicature at Lahore dated 24 - 4 - 1944, whereby the said High Court dismissed the appellant's petition praying for a writ in the nature of Habeas Corpus for his release from imprisonment. The appellant had been sentenced by Field General Court - Martial to be cashiered and to undergo two years' imprisonment with hard labour.

(2.) The appellant was, at the date of his conviction by Court - Martial, an officer of His Majesty's Forces, holding the temporary rank of Major in the Royal Engineers. He had enlisted in the United Kingdom in October, 1939, and had subsequently been commissioned and posted to India in the Royal Engineers in 1940. At the time, of the events which gave rise to his trial by Court - Martial, the appellant was attached to a unit of the Indian Engineers. He remained, however, subject to the Army Act.

(3.) The appellant was charged before a Field General Court - Martial at Lahore on 12 - 10 - 1948, on four charges, framed under the Army Act. The first charge, under S. 17, Army Act, alleged that the appellant, on or about 22 - 4 - 1943, when concerned in the care of public property, namely, Rs. 8089 - 7 - 0, the imprest money of the Company commanded by the appellant, had fraudulently misapplied the same. The third charge, also under S. 17, Army Act, alleged similarly that the appellant had fraudulently misapplied regimental property, namely, Rs. 871 - 12 - 9, being part of the regimental funds, of the said Company. The second and fourth charges were framed under S. 40, Army Act, and were alternative charges to the first and third charges, respectively, alleging neglect to the prejudice of good order and military discipline in that the appellant so negligently performed his duties as to suffer the said sums of money to be destroyed by fire.