SHAHID @ SAIDO HAJI GANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant has preferred this appeal under sec. 374(1) of the Code of Criminal Procedure, against the impugned judgment and order of conviction and sentence passed by the learned Addl. Sessions Judge & Presiding Officer, Fast Track Court No. 11, Gondal, camp at Dhoraji in Sessions Case No. 12/2003, whereby, the learned Judge has convicted the appellant for the offence under sec. 3 of Indian Official Secret Act, 1923 and sentenced him to undergo R/I for 10 years and he was also convicted for offence under sec. 5 read with sec. 9 of Indian Official Secret Act, and sentenced him to undergo R/I for 3 years. It was further ordered that the all the sentences to run concurrently.

(2.) The facts of the prosecution case is that on 3.9.2002 Mr Gohil,P.I., LCB, Rajkot was present with his staff members along with DY.S.P., Gondal Mr. Chauhan near Dhoraji Azad Police Chowki. At that time, from his informant, he received an information that one Mr. Shahid @ Shahido Memon, resident of Andhariawad, Dhoraji, has collected secret documents of Military of India, like Radar, Bridges, Airport, etc. which are prohibited areas, in the form of photographs and documents for communicating the photographs of prohibited areas and other classified information to known/unknown foreign agents of Pakistan.

(3.) He has further received information that on that day the said Shahid would be sending prohibited photographs and the information to Karachi via Dubai through the Post and to do so he would be passing from the Three Darwaja to the Post Office on post office road, Dhoraji. On the receipt of this information, P.I. Mr. Gohil has called two panchas who were passers by and informed them regarding the information which he received and asked them to join as panchas in the raid and has also prepared preliminary panchnama between 20.30 hrs and 2.45pm and arranged to keep watch with his other staff members.