SAFIULLA Vs. THE STATE OF TRIPURA

JUDGEMENT

(1.) THIS is a petition for bail under Section 498 Criminal Procedure Code and has been filed on behalf of Safiulla of Durgapur, Police station Begamgani, District Noakhali. East Pakistan who was arrested along with another person dt. 14 -12 -56 on suspicion under Section 54 of the Criminal Procedure Code within the jurisdiction of Teliamura Police station in Tripura. It is admitted that the Petitioner came to Agartala on a valid Passport.

(2.) BOTH the arrested persons were produced before the District Magistrate, Agartala on 15 -12 -56 with an application from the Inspector of Police (Special Branch, Agartala), in which it was stated that they were Pak nationals and were arrested while found loitering about in the jurisdiction of the Police station Teliamura with a request that a remand for a fortnight may be granted for further investigation. It was also mentioned in the application that they had been kept in the lock -up of Kotowali at Agartala for the night custody for necessary interrogation for the interest of the State.

(3.) IT is to be noticed that applications for further remand were filed by the prosecution on 28 -12 -56, 10 -1 -57 and 18 -2 -57, but none on 23 -1 -57 and 5 -2 -57. In the three applications filed for remand the reason given was the same, namely, that the investigation was not complete, except that in the application filed on 10 -1 -57 it was further stated that the Government contemplated prosecuting these persons under Section 4 (obviously a mistake for Section 3) and other relevant sections of the Indian Official Secrets Act 1923.