BASANT KUMAR Vs. STATE

JUDGEMENT

(1.) Basant Kumar has moved the present application for being released on bail, charged with the offences under Sections 3, 5 and 9 of the Official Secrets Act, read with Section 120-B of the Indian Penal Code.

(2.) The present petitioner was arrested from Bombay in the early hours of 28th January, 1985. His personal search as well as the search of his belongings did not yield anything. On the same day, he was brought back to Delhi and at about mid-night, office premises of M/s Gangaur Impex (India) Pvt Ltd. at H-4, N.D.S.E. Part-1 was searched. The petitioner is one of the partners of the said firm. The Police recovered one photo copy of a weekly Report of Pakistan ending 9th January, 1985 of Research Analysis Wing, marked "SECRET" from the almirah lying in the room of the petitioner. It is the case of the prosecution that petitioner had tained this very document through one Shri H N. Chaturvedi, Assistant, working in the Ministry of Commerce against payment. On 6-2-1985, the aforesaid Shri Chaturvedi made a confessional statement implicating the petitioner in this case. After the opinion of the Expert on this document was obtained, a challan against the present petitioner alongwith other 18 persons was filed, for trial under Sections 3. 5. 9 and 15 of the Official Secrets Act read with Section 120-B. IPC. On the basis of the material available, the prevent accused has since been charged to stand trial under Section 120-A, Indian Penal Code . read with Section 3(1) First Part of the Official Secrets Act and Section 3(1) First Part of the Official Secrets Act. The trial is in progress.

(3.) . The contention of the learned Counsel for the petitioner in support of the application is that a photo copy of this very document had earlier been recovered from the almirah of Coomar Narain at 16, Hailey Road, New Delhi, during the night intervening 17th and 18th January. 1985. The said document was not admittedly kept in sealed cover and the possibility of another photo copy having been procured and planted on the present accused cannot be ruled out. It is also contended that Shri T. Maneklal who is the kingpin in the whole drama has since been released on bail and the present petitioner, who according to the prosecution itself, was one of the stooges of Coomer Narain, is also entitled to be released on bail. His further submission is that this very document is not at all connected with the work of Defence, arsenal, naval military or air-force establishments...of the government of India, and the case does not fall within the four corners of Section 3(1) of the Official Secrets Act. Lastly, the submission is that the accused is in judicial custody for the last more than 2 years and there is no other person to look after his wife and small kids. The prosecution is likely to take sufficiently long time in completing the case inasmuch as near about 200 witness had been cited while only the statements of 13 witnesses have been recorded.