I.A. Ansari, J.

1. Can an Army authority, in exercise of its powers under Section 125 of the Army Act, 1950, seek, for the purpose of investigation or trial, the custody of a person, who is subject to the Army Act, but in the custody of a criminal Court on accusation of having committed an offence, which is triable under the Army Act too, if the case, in connection with which the person is in custody, is under investigation by police or under an inquiry as contemplated by Section 202 of the Code of Criminal Procedure? When a case lodged against a person, who is subject to the Army Act, 1950. is still pending for investigation by the police, whether it is permissible for a Court of ordinary criminal justice to hand over to the Army authorities, mentioned in Section 125 of the Army Act, the custody of the person, who is subject to the Army Act, but is in custody of the ordinary criminal Court on accusation of having committed an offence, which is also punishable under the Army Act, 1950, for the purpose of enabling the Army authorities to investigate the case or try the accused by a Court-martial in terms of the provisions of the Army Act, 1950, and the Army Rules, 1954, and if s