UJJAL DASGUPTA Vs. STATE

JUDGEMENT

(1.) THIS petition under Section 482 of the Code of Criminal Procedure, 1973 ("crpc") challenges an order dated 19th April 2008 passed by the learned additional Sessions Judge ("asj"), Delhi dismissing an application filed by the petitioner, who is an accused facing trial in FIR No. 42 of 2006 under Sections 3,4,5 and 9 of the Official Secrets Act 1923 ("osa") and 409/201/120-B of the indian Penal Code ("ipc") registered at Police Station Special Cell, for the supply of certain documents relied upon by the Respondent State.

(2.) A significant question of law that arises in this matter concerning the right of an accused facing trial under the OSA to be provided with the copies of the documents relied upon by the prosecution which are in digital form in pen drives and hard discs. The case of the prosecution is that under Section 14 OSA even documents gathered during investigation can, if they are classified or secret, be withheld from the accused although they are relied upon by the prosecution.

(3.) THE brief facts relevant for the present petition are that the FIR No. 42 of 2006 dated 11th June 2006 was registered in the Police Station Special cell in respect of the collection and dissemination of certain of secret defence related information. Separate complaints were filed against the co-accused. As regards the petitioner, a complaint dated 16th October 2006 under Section 13 (3)OSA was filed by the Deputy Commissioner of Police ("dcp") Special Cell, New delhi in the court of the learned Chief Metropolitan Magistrate. A charge sheet was filed the next day i. e. 17th October 2006.