SAMBHAJI LAL SURVE Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) THE Petitioner is facing trial in RC No.2(A)/2006 ACU-IX/CBI under Sections 3(1)(c) and (5) of the Official Secrets Act 1923 (OSA) and Section 120 B Indian Penal Code (IPC). He has been in custody since 9th April 2006. By this application, he seeks release on regular bail.

(2.) THE Petitioner was commissioned in the Indian Air Force as a Pilot Officer in December 1983. In December 2001, the Petitioner was posted at the College of Military Engineering, Pune at the faculty of Nuclear and Biological Warfare (NBC). He was posted as Joint Director (Air Defence) (JDAD) (Camouflage) in the Directorate of Operations Air Defence with effect from 29th March 2004. The Charter of Duties of the Petitioner included all matters on camouflage, concealment and deception, project Akash (Ops matters), project Trishul (Ops matters), Pechora upgrade (Ops matters), P-18/P-19 upgrade (Ops matters), new inductions of LLQRMs, MRSAM (Medium Range Surface to Air Missile) and IGLA, OSA-AK-M (missile) upgrade, parliament questions on missiles, Secretary-JSSG (Join Services Study Group) on GBADWS (Ground Based Air Defence Weapon System) and Administrative matters of the Directorate. The specific allegations against the petitioner

(3.) THE Naval authorities also instituted a Board of Inquiry. The forensic analysis of the clone of the pen drive of Kingston make recovered from the Petitioner, was undertaken. On the basis of the findings of the Board of Inquiry Commander V.K.Jha, Commander Vijender Rana and Captain Kashyap Kumar were dismissed from service on 28th October 2005 with due approval of the competent authorities.