JUDGMENT

R.V. RAVEENDRAN, J.

1. As the ranks of parties in the two appeals are different, for convenience, we will refer to the parties by their ranks in Criminal Appeal No.876/2003.

2. The first respondent was the officiating Commandant and later the Commandant of 227 Company ASC (Supply) Type `G', Ambala Cantonment (hereinafter referred to as the `Supply Depot') from 19.10.1988 to 26.6.1990. The supply depot had three sections - Dry Rations, Fresh Rations and Butchery. The appellant as the Commandant was in overall charge of the supply depot. As per the standard operative procedure for the Butchery, the following staff were detailed for operation:

(i) Supervisory Officer - Cap. P. S. Malhotra

(ii) Veterinary Officer - Lt. Col. G. S. Srivastava

(iii) J.C.O. in-charge - Sub. G. L. Kalra

(iv) NCO in-charge - Havaldar Clerk D. L. Prasad

3. On receiving complaints about irregularities in the butchery, a team of three officers from the Central Bureau of Investigation and two Army Officers carried out a raid/surprise inspection of the butchery on 14.2.1990, with the prior permission of the second respondent. They intercepted eleven vehicles belonging to different units returning from butchery