SHAKUR IBRAHIM SAMA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned advocate Mr. Ashish M. Dagli for the applicant and learned APP Mr. Manan Mehta for the respondent State.

(2.) The applicant herein is accused before the Sessions Court of Kutch at Bhuj in Sessions Case No.4 of 2017. He is facing charges u/s.3 of the Official Secrets Act, 1923 ('Act', for short) , so also Sections 121, 121(A) , 123, 120B, 465, 468, 471 of the Indian Penal Code ('IPC', for short) and Section 66(F) of the Information Technology Act. The present revision application is preferred against the order dated 7.10.2017 below Exh.21 an application u/s.227 of the Criminal Procedure Code ('Code', for short) whereby the applicant has prayed to discharge him from the offences under the Act. By impugned order dated 7.10.2017, the 8th Addl.Sessions Judge (adhoc) of Bhuj at Kutch has rejected such application.

(3.) The sum and substance of the applicant's case is to the effect that an FIR has been registered before ATS police station for the offences disclosed herein above against the applicant as well as one Alana Hamir alleging that both such accused, in connivance with each other, have remained in contact with ISI agent of Pakistan and thereby, created difficulties for the security of India and that information regarding border between Pakistan and India in Kutch Bhuj so also information regarding Border Security Force was parted with to ISI agents by them. However, in FIR lodged by one Mr. V. R. Malhotra, P.I. of ATS Gujarat, it is simply disclosed that he has received a secret information to such effect and therefore, they have intercepted the applicant and panchnama of their presence was recorded and after raiding their house and taking sample of their handwriting, chargesheet was filed.