BUDDHIKOTA SUBBARAO Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS is an application for bail in a case filed against the petitioner under section 3 (1) (c) read with sections 9, 6 (2) (a) and 6 (2) (b) of the Official Secrets Act, 1923 and also under section 24 (1) (d) read with sections 18 (2) and 24 (2) (d) read with section 19 (b) of the Atomic Energy Act, 1962. The petitioner had made an application earlier which was rejected by this Court on September 19, 1988. While rejecting the said petition, the learned Judge observed that he was more than convinced that it would not be in the interest of national security and public safety to release the applicant-accused on bail.

(2.) IN between the petitioner had filed a Criminal Writ Petition bearing No. 1224 of 1988 chellenging the vires of sections 3, 4, 5, 6, 9 and 14 of the Official Secrets Act. 1923 being violative of Articles 14, 19 (1) (a), (g), 20 (1) and 21 of the Constitution of India. This petition was rejected by the Division Bench of this Court by its order dated December 9, 1988.

(3.) IN the said petition, one of the contentions of the petitioner was that the ingredients of section 5 of the Act are substantially akin to those of section 3 of the Act, and it provides for a different punishment which is also violative of Article 14 of the Constitution of India. The Division Bench negatived this contention and observed that the area and the field covered by section 3 and section 5 are distinct and separate. The nature of offences contemplated by these two sections are also distinct and separate. As to whether in a given set of facts the offence is covered under section 3 or section 5, must ultimately depend upon the facts and circumstances of each case, and no general rule can be laid down.