BHAGWAN SINGH Vs. STATE

JUDGEMENT

(1.) Bhagwan Singh who was a Corporal in Indian Air Force and was residing at New Willingdon Camp, Race Course, New Delhi was convicted on August 30, 1979 by Shri P. L. Singla, Addl Sessions Judge, Delhi, in respect of commission of offences punishable under Sections 3 and 5 of the Official Secrets Act (hereinafter referred to as the Act) and was sentenced on September 1, 1979 to undergo rigorous imprisonment for ten years and for two years respectively. He was further convicted in respect of commission of an offence punishable under Section 120-B Indian Penal Code and sentenced to undergo rigorous imprisonment for six months. All the three sentences were directed to run concurrently. The present appeal was filed by Bhagwan Singh through jail. At his request he was not produced in Court and Shri B. R. Prashar, Advocate was appointed as amicus curies. I heard Shri B. R. Prashar, Advocate for the appellant and Shri V. K. Agnihotri, Advocate for the State.

(2.) . Criminal proceedings against Bhagwan Singh were started on a complaint under sub-section 3 of Section 13 of the Act filed by Deputy Commissioner of Police, North District, Delhi. According to the version of the prosecution Shri S. P. Jeitley, Assistant Commissioner of Police, Special Branch received an information that the present appellant was in conspiracy with some foreign agents and was collecting, communicating and passing on secret information and documents relating to defence services, which were calculated to be directly or indirectly useful to foreign and enemy country and that the appellant would meet one of the foreign agents on October 24, 1978 near Harding Library. On receipt of the information a case was, registered at P. S. Kotwali and Inspector Raghubir Singh (P.W. 27) of Special Branch was deputed for the investigation who formed a raiding party inter-alia joining Prakash Chand (P.W. 1) and Dalip Singh (Public Witness . 3). The said raiding party kept a watch near Harding Library. At about 7.15 P.M., appellant was noticed approaching Harding Library from Gandhi statue side. Informer who was among the raiding party pointed out towards the appellant. The members of the raiding party were put on the alert. They saw that the appellant met a person, who .was subsequently found to be Mohd Gustaf Rana of Pakistan Embassy in India at New Delhi, near ladies Park. The appellant and said Mohd Gustaf Rana started conversation and thereafter former handed over some envelopes to the latter. Both of them were apprehended by raiding party. Official document containing secrets of Air Force.were,recovered from Mohd Gustaf Rana and inter-alia the said documents .were as under :

(3.) . Mohd Gustaf Rana and the appellant were taken to police station Kotwali where former rang-up Pakistan Embassy, New Delhi at which Mr. G. Q. Bhatti, second Secretary of the said Embassy arrived at P. S. Kotwali, identified Mohd Gustaf Rana as an officer of the said Embassy at which he was allowed to be taken along by Shri G. Q. Bhatti.