RELIANCE INDUSTRIES LTD Vs. C B I

JUDGEMENT

(1.) By this Criminal Miscellaneous (Main) Petition under Section 482 of Code of Criminal Procedure (Cr. P.C.) the petitioner has assailed an order dated 23rd December, 2006 passed by learned Additional Sessions Judge (ASJ) dismissing the Revision filed by the petitioner against the order of learned Metropolitan Magistrate (MM) whereby delay of 142 days in filing the complaint by the respondent under Official Secrets Act was condoned.

(2.) A search was conducted of the office premise of an official of the petitioner on 28th October, 1998 and as a result of this search some secret documents were recovered from the table drawer of Shri V. Balasubramanian, the Group President of Reliance Industries Limited (the Petitioner) and a criminal case bearing FIR No. 496 of 1998 was registered by the Delhi Police in this respect on 6th November, 1998 at Police Station Parliament Street, New Delhi, under the provisions of Official Secrets Act, 1923 considering it a case of sensitive nature later its investigation was handed over to the Central Bureau of Investigation (CBI). The CBI registered the case on 13th November, 1998 being R.C. No. 9 (S)/98-SIU-1 and completed the investigation

(3.) Deputy Superintendent of CBI on being authorized by U.O. I. filed a Criminal Complaint Case No. 13/2002 on 19th March, 2002 before the Court of learned Chief Metropolitan Magistrate (CMM). Since there was a delay in filing the complaint, an application for condonation of delay was filed by the respondent (CBI) on 4th April, 2002. In the application it was contended that CBI had completed the investigation of the case by December, 2000, however, while evaluating the evidence, the CBI felt that accused V. Balasubramanian would not be interested in receiving these secret documents unless he was acting as per the will and mind of the corporate entity with which he was associated. The CBI, therefore, sought legal opinion from the Attorney General, if on the basis of the evidence; the corporate entity could also be made an accused. The Attorney General sought certain clarifications from the CBI which were provided and after holding discussions with Investigating Officer and Joint Director, CBI, Attorney General desired certain inputs from Solicitor General of India. Since Solicitor General of India was not there, the matter was referred to Additional Solicitor General and ultimately a joint opinion of the Attorney General and the Additional Solicitor General was taken by the CBI on 1st March, 2002 and on reference from CBI, Ministry of Home Affairs granted authorization for filing complaint against the accused persons on 16th March, 2002. Thus, it was contended by the CBI that there was no delay either in conducting investigation or in filing the application for condonation of delay. The delay accrued due to circumstances as stated and the CBI sought condonation of delay of about 142 days.