NIRMAL PUN Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) The bail petition moved on behalf of Lt. Gen. Nirmal Puri arrested on 6th January, 1989, for offence under section 120-B Indian Penal Code read with Section 3/5 of the Official Secrets Act. 1923 and substantive offences under Sections 3/5 of the said Act has been heard at length.

(2.) A reading of the FIR reveals that the petitioner faces grave charge of having entered into a criminal conspiracy with his co-accused Vinod Khanna, Chairman of Concorde Industrial (Pvt.) Ltd.. a firm stated to be dealing with procurement of equipments for Defence Forces, and representative of various foreign firms, like SAAB Missiles, SAAB Instruments, M/s. Nisar SPA etc. and in pursuant to the alleged conspiracy having passed on secret/ classified official information, containing defence secrets, to his coaccused in respect to certain matters, the disclosure whereof was likely to jaopardise sovereignty and integrity, or Security of lndia./

(3.) The case was registered, as a sequel to recovery of one file, during search by income-tax authorities in the office of Concorde Industrial (Pvt.) Ltd., which file allegedly contained material disclosing requirement of light tanks for the Army together with the assessment as to the effectiveness and relative merits and demerits thereof, as well as details of the trials/filed tests conducted, including their locations, as well as requirement of VHF Radio sets, and Simulators.