The expenditure involved on these battalions though initially met by the parent State Govern merit companycerned, was to be reimbursed from the police grant of the Home Ministry of the Government of India.
The headquarters of the Bihar Military Police V as also of the Bihar Military Police VIII are at Phulwari Sharif.
The trial companyrt companyvicted him under Section 5 f of the Act and sentenced him to rigorous imprisonment for seven years.
On June 14, 1965 the Home Ministry of the Government of India wrote to the Chief Secretary to the Government of Jammu Kashmir companyveying the sanction of the President to the deputation to Jammu and Kashmir of PAP Battalion and BMP VIII Battalion from the date of induction till September 30, 1965 while on deputation to that State.
After the disposal of the appellants appeal by the High Court an application was made there for a certificate of fitness under Article 134 1 c of the Constitution which was rejected as being without merit.
On October 3, 1961, the Ministry of Home Affairs companyveyed to all States and Union Territories the sanction of the President to the grant of the terms of deputation for the armed police battalions companypanies at that time on loan from various State Governments to the Government of India, for operations in Jammu Kashmir, Nagaland, Manipur and Tripura.
On appeal the High Court affirmed his companyviction and sentence.
On November 6, 1965 Political Police Department of the Government of Bihar informed the Inspector General of Police, Bihar, about the directions of the Home Ministry of the Government of India companytained in their letter of June 14, 1965.
He was tried for desertion by the Second Assistant Sessions Judge at Patna on alternative charges under Section 5 f and Section 6 o of the Act and also on the additional charge under Section 29 of the Police Act, 1861.
He was, however, acquitted of the charges under Section 6 o of Act and Section 29 of the Police Act.
In defence he pleaded that at the relevant time he was under suspension and further that he had received information from his home that his wife was ill and for that reason he had applied for leave which was refused.
The appellant was later transferred to C Company of Bihar Military Police VIII.
In this Court it was companytended by Shri D. P. Singh, on behalf of the appellant, that the offence of desertion was companymitted at a place where the Act was number in force and, therefore, the appellants desertion did number companystitute an offence.
After some time this companypany was posted on active service at Kathua in Kashmir and the companypany left Phulwari Sharif on June 2, 1964.
On September 2, 1965 the appellant deserted from the police force without giving any intimation to the officers of the companypany.
The personnel of these battalions were to be entitled to the standard terms of deputation sanctioned in the Government of India, Home Ministry Letter of 1961.
The recurring expenditure of the said battalion was to be the liability of the Government of India beginning from May 13, 1964.
The terms of deputation were to take effect from August 1, 1961.
On December 30, .1964 the Ministry of Home Affairs, Government of India, companyveyed to the Government of Bihar, Political Police Department, its agreement to treat BMP VIII Battalion as India Reserve Battalion with effect from May 13, 1964, the date of the issue of the sanction for raising an additional battalion from the Bihar State, provided such additional battalion was companysidered surplus to the requirements of the State Government.
The appellant was appointed as sepoy in Bihar Military Police V on November 11, 1962.
D. Dua, J. This is an appeal by special leave under Article 136 of the Constitution from the judgment and order of the High Court of Judicature at Patna dated January 23, 1968 affirming on appeal the appellants companyviction and sentence under Section 5 f of the Bengal Military Police Act, V of 1892 hereinafter called the Act .
