TOTPURT ACHUTAN NARAYAN MENON Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS is an appeal preferred by the original accused against the judgment and order of conviction and sentence dated 16. 8. 2001 passed by the II Additional Sessions Judge, Ahmednagar, in sessions Case No. 194 of 2000, whereby the appellant has been convicted and sentenced for having committed offence punishable under S. 3 (l) (c)of the Offficial Secrets Act, 1923 to suffer R. I. for/five years.

(2.) THE prosecution case arises out of the first information report Exh. 47 dated 7. 8. 2000 lodged by the Police Inspector Shri Lavange pw8 at kotwali Police Station, Ahmednagar. The prosecution case, as revealed in the first information report, may be briefly stated as under. Police Inspector Lavange pw 8 was attached to Traffic Branch at ahmednagar. On 5. 8. 2000 when he was present in the office, Superintendent of Police Shri Ajit Patil talked to him on phone and called him to the office of Superintendent of Police at Ahmednagar. He came in the office of Superintendent of Police. Other police officers were also present there. The Superintendent of Police Ajit Patil told that he had received a secret information that the accused and one Sunil Kadanna Chinchane who are working in Vehicle Research Development Establishment (hereinafter referred to as, "v. R. D. E. " for the sake of brevity) as Senior Technical Assistants are acting as spy for Pakistan and if search of their computer is taken, police will get information supplied by them to Pakistan. Thereafter two persons were called to act as panchas, namely, Vivek andhale pw 1 and one Ashok Munot. They expressed their willingness to act as panchas. The information was disclosed to the panch witnesses. Thereafter Police Inspector Lavange and Ajit Patil Superintendent of Police with the staff and panchas went to V. R. D. E. They met with Major general Shri Tejpal. Ajit Patil disclosed to Shri Tejpal about the purpose of their visit to V. R. D. E. and made inquiry about the accused and Sunil chinchane. On inquiry, the police came to know that both of them are in service in V. R. D. E. but they are not present in the office. The address of the accused was collected. He was residing in Vidyanagar, Kedgaon in plot no. 145/1/10 at Ahmednagar. Thereafter the police party and panch witnesses went to the house of the accused at about 5. 45 p. m. The accused was present in the house. The police disclosed their identity and the identitiy of the panch witnesses and also disclosed their intention to take search of the house of the accused. Thereafter the search of the house of the accused was taken. One computer, 45 floppies of 1. 2mb and 42 floppies of 1. 44mb, 2 floppies of Emision Company dated 1. 6. 1999, 3cds. , one sound PCI 64 along with the telephone bill/electric bill and the income tax returns, passbook of Ahmednagar City Cooperative Bank, etc. were found. The value of such articles is to the tune of Rs. 27,360/ -. These articles were brought to the office of Superintendent of Police at about 20. 00 hours. Thereafter with the help of Police Constable Satish Joshi pw 4 the files which were found stored in the hard disk and the floppies were displayed on the screen and some sketches were found suspicious, hence satish Joshi was directed to take out the prints of those suspected files. The prints were taken out and the prints, the computer, other articles and floppies which were found in the house of the accused were attached under the panchanama. Police suspected that the sketches were objectionable, therefore, they were kept in separate packet and the objectionable prints were sent to the Director of V. R. D. E. Ahmednagar on 6. 8. 2000 for his opinion. According to the complainant the Director V. R. D. E. has given reply and opined that those sketches are restricted documents.

(3.) ON the basis of the first information lodged by Police Inspector lavange, offence was registered under S. 3 (1) (c) r/w S. 9 of the Official secrets Act, 1923 (hereinafter referred to as, "the Act")Police Inspector lavange pw8 started investigation in the crime on 7. 8. 2000. Police have arrested the accused. It is alleged that on 7. 8. 2000 in presence of the officers from V. R. D. E. Shri Karmarkar pw6, Shri Londhe and Shri satyanarayan, floppies found in the house of the accused were again checked and objectionable sketches were taken out and they were seized. On 10. 8. 2000, the investigating officer wrote letter to the Director, v. R. D. E. ,ahmednagar to seek opinion about the matter from the floppies and opinion was given that the documents are restricted. During investigation, the statement of one Manmohansing and Susarla Ramkrishna pw 7 have been recorded. On 20. 9. 2000, C. I. D. took over the investigation of the crime from the investigating officer Police Inspector Lavange pw8. The C. I. D. recorded statements of Ramkrishna pw7 and Police Constable Joshi pw 4 and after completion of investigation, submitted chargesheet against the accused in the court of the Chief Judicial Magistrate, Ahmednagar, who committed the case to the Court of Sessions for trial according to law.