L D MEENA Vs. STATE

JUDGEMENT

(1.) L.D. Meena has moved this application for bail in FIR No. 242/87 under Section 359 of the Official Secrets Act (for short the 'Act') and Sec. 120B IPC, P.S. Chanakya Puri, New Delhi.

(2.) The petitioner along with Sita Ram Rathi and Mohd Yunus is facing trial before an Addl. Sessions Judge, New Delhi where charges was framed against them under Sec. 3(1) (Part-1) of the Official Secrets Act read with Sec. 120B Indian Penal Code with the allegations that between the period 1980 to 10th September, 1987 at Delhi entered into a criminal conspiracy with Sita Ram Rathi and Mohd. Yunus and with foreign agents, namely, Zaridad Khan Rauf Ahmed employees of the Pakistan Embassy for the purpose prejudicial to the safety or interest of the State and in furtherance of the said criminal conspiracy agreed to do or caused to be done illegal acts, i.e. to collect, to obtain and to communicate secret official informations, secret and classified documents pertaining to the Ministry of Defence, Government of India and passed on such documents to foreign agents which were calculated to be or intended to be directly or indirectly useful to the enemy or the disclosure of which was likely to effect the sovereignty and integrity of India or security of the State or friendly relations with foreign States who passed on the said secret documents to known or unknown persons.

(3.) According to the prosecution story on the basis of secret and reliable information against Sita Ram Rathi working as Assistant in the Ministry of Finance a surveilance was kept on him since be unauthorisedly collected documents and passed on to foreign agents which were calculated to be or might be intended to be directly or indirectly useful to foreign countries. It was found that said Sita Ram used to visit Pakistan Embassy. On the basis of secret information a surveilance was kept on Sita Ram Rathi and on that day he travelled in a three wheeler scooter and was going towards the family quarters of the Pakistan Embassy from Niti Marg and at about 8.45 P.M. three wheeler scooter was intercepted and from his search three cyclostyled sheets relating to "Engineer Bridge Regiment (PMP/PMS) War Establishment" were recovered from the left front pocket of his shirt. These documents were marked as "secret" at the top and bottom which were seized after preparing a memo.