STATE OF GUJARAT Vs. SAMA ALANA ABDULLA

JUDGEMENT

(1.) . The accused were charged for the Offences under Sec. 3(l)(a), (b) and (c) read with Sec. 9 as well as for the offence under Sec. 10 of the Official Secrets Act, 1923 on the allegation that on 4/07/1986 at about 5-00 p.m., one blue print map dated llth June, 1967, prepared for the supply-line by the Garrison Engineer was obtained by the accused No. 1 with intention for being used for the purpose prejudicial to the external and internal safety and security of India, inasmuch as it was for the object of supplying the same to the institution like Intelligence of Pakistan through the accused No. 2.

(2.) . The said charge was framed on 3rd April, 1989. Both the accused pleaded not guilty and thereafter the trial proceeded.

(3.) . The facts of the case as revealed from the evidence of the witnesses can be briefly stated as under :- One Ghenukhan Jafrukhan, a Constable in B.S.F., was discharging his duty at Khavda in Kachchh District and his duty was to stop the persons crossing boundary of the country. On 2/06/1986, he along with others, was on patrolling duty. At that time, he saw three persons coming from Pakistan side when he was patrolling on the south-west side of Dharmashala. One of them was Hasan Osman, who was an Indian, while the other one was accused No. 2, Alimamad Hothi. They were arrested and they were brought before the Post Commandant S. I., Manjitsingh.