MOHAMMAD TAYIB Vs. STATE OF PUNJAB

JUDGEMENT

(1.) TODAY , Criminal Misc. No. 31546 of 2010 for suspension of sentence, awarded upon the Appellant, during pendency of the appeal, is listed.

(2.) LEARNED Counsel for the Appellant has submitted that the Appellant was named as an accused in case FIR No. 199 dated 19.12.2000, registered at Police Station Government Railway Police, Amritsar, under Section 3 of the Official Secret Act, 1989 (hereinafter referred to as "the Act"). He has further submitted that the Court of Additional Sessions Judge (Ad hoc), Fast Track Court, Amritsar, vide its judgment dated 4.3.2005, held the Appellant guilty of offence under Section 3(1)(c) of the Act and vide a separate order of even date, sentenced him to undergo rigorous imprisonment for a period of eight years. He has further submitted that the Petitioner is a very poor person and has actually undergone six years and four months, out of sentence of eight years rigorous imprisonment, awarded by the trial Court. Learned Counsel has prayed that the appeal be taken on board and only reduction in sentence, awarded upon the Appellant, be considered by this Court as he will not assail his conviction. He has further submitted that sentence of eight years rigorous imprisonment, awarded upon the Appellant, be reduced to that of six years four months, the period already undergone by him.

(3.) THE case set out by the prosecution is that on 18.12.2000, PW.1, Gian Chand, Assistant Sub Inspector, Incharge, PCP Attari Rail along with his companion police officials was present at Platform No. 2 in connection with security arrangement. At about 9.45 P.M., Sanjeev Sharma, Customs Inspector, had produced a memo, written in English having four leaves, Indian Passport No. A.6616633 dated 4.12.1998 valid till 3.12.2008 along with Appellant Mohammad Tayib. The four leaves of paper contained a written material which was suspected to be a threat to the sovereignty of the country. It contained the report of Military Intelligence. Had it fallen in the hands of the enemy or an unauthorized person, it would have jeopardized interest of the nation. The trial Court has relied upon the testimony of PW.3 Lieutenant Colonel (Retd.) Rajinder Singh, who was then posted as Officer Commanding 15 Infantry Division, C/o 56 A.P.O., who proved the certificate Ex.P7 dated 19.12.2000 and report Ex.PW.3/A contained highly sensitive secret information containing official code signs, secret codes, passwords and the information related to Indian Army and had it fallen to the hands of the enemy, it would be prejudicial to the security arrangement.