MOHD. MASROOR Vs. STATE OF U.P.

JUDGEMENT

(1.) This is an appeal by the accused/appellant from jail challenging his conviction and sentencing vide judgment dtd. 9/4/2013 passed in Sessions Trial No. 13 of 2009 (State Vs. Mohd. Masroor @ Mansoor @ Guddu) arising out of Case Crime No. 352 of 2008, under Ss. 115, 120B, 121, 121A, 123, 420, 467, 468, 471 IPC, Sec. 3/4/9 of Official Secrets Act and 14 of Foreigners Act, Police Station - Rupaidiha, District - Bahraich.

(2.) The case of the prosecution in nutshell is that inputs were being received about Pakistani secret agents/spies having entered the country and in the State of U.P. and that one of its members was residing in Lucknow as a proxy concealing his real identity and was indulging in anti-national activities affecting the sovereignty and dignity of the nation and was transmitting confidential information to secret agents of a foreign country. After collecting such information and further processing them, the S.S.P., Anti-Terrorist Squad, U.P. Lucknow constituted a team under the leadership of Shri Tej Bahadur Singh, Inspector (PW-1) for taking appropriate action against such activities. The said team under the leadership of PW-1 (Tej Bahadur Singh) collected sensitive information from various sources and in this process an information was received from the informer that a foreign spy was residing in Lucknow for the past several years using a false identity and name and was transmitting sensitive information pertaining to Defence to foreign spy agents and that on getting a hint of police activities he had fled and was at present in District- Bahraich. The informer was sent to District- Bahraich to find out his whereabouts and activities, whereupon, the informer on 12/8/2008 at about 11.00 a.m. informed PW-1 (Tej Bahadur Singh) that the said foreign agent/spy would be going from Town Babaganj to Babaganj Railway Station at 7-8 p.m. Believing on the information of the informer, PW-1 (Tej Bahadur Singh), alongwith other police personnel, left for District- Bahraich by police vehicle. On reaching the place mentioned by the informer, they contacted him and took him along. For ensuring success of the operations, SHO, Rupaidiha was contacted and a plan was chalked out in this regard after discussing with him. He tried to find independent witnesses for the operation but nobody agreed. The entire team was divided into two groups. First team was headed by PW-1 (Tej Bahadur Singh) and the second team was headed by PW-5 (Ram Ekbal, SHO, Rupaidiha).

(3.) The two teams reached the place pointed out by the informer from two different sides concealing their identity. About 15-20 minutes after reaching the spot, a person was seen coming from Babaganj Town with a bag on his shoulders. The informer identified that person as the foreign agent, whereupon, PW-1(Tej Bahadur Singh) switched his torch on and on being sure that he was the foreign agent asked the informer to go away. In this process the foreign agent i.e. the appellant herein, started running but was accosted. The entire police team cordoned of the area and caught him 15-20 paces away at about 7.40 p.m. He was interrogated, whereupon, he told his name as Ramesh Chaudhary S/o Suresh Chaudhary a resident of I-15-D, Railway Mal Godown Colony, Charbagh, Lucknow and when proper interrogation was done then he revealed his name as Mohd. Masroor @ Mansoor Ahmad @ Guddu S/o Noor Mohammad, resident of Garden West Abdul Jabbar Compound 154/4, Karachi -33, Pakistan. He said that if he was let off, he would tell them about another spy. He accepted the fact that he was a member of the Pakistani Secret Agency and had been asked by his Commanders through internet that he should help 2 or 3 other agents, who would be sent, to undertake terrorist activities. One such person was known to him and his code name was 'Jabanz'. He had contacted him recently. On getting this information PW-1 immediately informed Additional Superintendent of Police, Anti-Terrorist Squad, West Zone and the Deputy Superintendent of Police Central Zone, telephonically. Thereafter, the aforesaid person was searched and the red bag, which he was carrying, was opened. Apart from two set of clothes, a black bag with 'mohabbatein' endorsed on it, was recovered and on being opened a coloured polythene, with reynolds mentioned on part of it in white, was found, from which the following documents as mentioned in Ex. Ka-1 (recovery memo) were recovered:- <IMG>JUDGEMENT_375_LAWS(ALL)10_2013_1.jpg</IMG>