SHAKEEL AHMAD Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Imran Mabood Khan and Sri Rajrshi Gupta, learned counsels for the appellant and Sri Satish Pandey, learned A.G.A. for the State.

(2.) This criminal appeal has been preferred against the judgement and order dated 18.11.2017 passed by Additional Sessions Judge, Court No. 3, Rampur, in S.T. No. 293 of 2003 (State Vs. Shakeel Ahmad) convicting the appellant u/s 3(B)(C) of Official Secrets Act, Section 420 I.P.C. and Section 12 of Passports Act and sentencing him to undergo rigorous imprisonment for 10 years u/s 3(B)(C) of Official Secrets Act; 5 years rigorous imprisonment u/s 420 I.P.C. along with fine of Rs. 5,000/-, in default of payment of fine to further undergo two months imprisonment; 2 years rigorous imprisonment and a fine of Rs. 500/- u/s 12 of the Passports Act, in default of payment of fine, further 15 days imprisonment.

(3.) The prosecution case is that the informant Sunil Tyagi, S.I., S.T.F., Lucknow, Uttar Pradesh lodged an F.I.R at P.S.- Ganj, District- Rampur stating that Special Task Force, Lucknow, was receiving information from various agencies that some people are sending inputs to the I.S.I. and field intelligence units of Pakistan through different sources with intent to harm the country and in the situation of war, help Pakistan. On the basis of this information, S.S.P., S.T.F. Sri Rajeev Ranjan Verma, constituted a team for the purpose of collecting information and Additional Superintendent of Police, Sri H.N. Singh was appointed for this purpose. After investigation and collection of information from various sources, it was found that the appellant, Qari Shakeel, son of Mohd. Rashid, resident of Mohalla Chaah Khazaan Khan, Pahari Gate, P.S.- Ganj, District- Rampur, had gone to Pakistan many times. He is working for Pakistan Intelligence Agency and talks to Pakistani Intelligence Officer from the P.C.O. booth of Iqbal near his house and sends confidential information to Pakistan.