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J. B. PARDIWALA, ALOK ARADHE
S. K. Jain – Appellant
Versus
Union of India – Respondent
JUDGMENT
ALOK ARADHE, J.
1. This appeal is directed against impugned judgment dated 01.06.2012 and order dated 03.09.2012 passed in O.A. No. 445 of 2010 and R.A. No. 34 of 2012 by Armed Forces Tribunal (hereinafter referred to as “Tribunal”). The Tribunal by impugned judgment dated 01.06.2012 substituted conviction of appellant in respect of charge for alleged possession of ammunition and held him guilty of an act prejudicial to good order and discipline. The Tribunal convicted the appellant under Section 63 of the Army Act, 1950 (hereinafter referred to as the “1950 Act”). The Tribunal by the impugned order dated 03.09.2012, dismissed the petition for review filed by the appellant.
2. In order to appreciate the challenge of the appellant to the impugned judgment and order, relevant facts need mention, which are set out as under.
(I) FACTS
3. The appellant was commissioned into Army Ordnance Corps of Indian Army. He was, on 27.08.2006, promoted as Colonel (Selection Grade) and was posted as Commandant of Northern Command Vehicle Depot, (NCVD) Udhampur. The appellant was handling motorcycles (Royal Enfield) intake in the command after the inspection test. One Shri Sumesh Magotra, a contr
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