EX. NAIK SARDAR SINGH vs UNION OF INDIA .

The Supreme Court addressed the appeal of an Army Jawan sentenced to 3 months' rigorous imprisonment and dismissal from service for carrying 12 bottles of liquor without a permit while on leave. The Court found that while the trial was not vitiated, the punishment was disproportionate to the offence, as the appellant had a valid permit for 5 bottles and the extra bottles were purchased from the Army Canteen. The Court remanded the case to the Summary Court-Martial to consider lesser punishments under Sections 63, 71, and 72 of the Army Act, 1950, emphasizing that punishments must be commensurate with the nature and degree of the offence.