IRSHAD AHMAD Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioner-Irshad Ahmad has filed the present petition under Section 439 Cr.P.C. for grant of regular bail in FIR No. 08 dated 02.02.2016 under Section 3 of Indian Official Secrets Act, 1923 and Sections 420, 467, 468, 471 and 394 of IPC as well as Sections 63, 65 and 68 of the Information Technology Act, 2000, registered at Police Station Shahpurkandi, Pathankot.

(2.) The aforesaid FIR was registered on the basis of a secret information that petitioner-Irshad Ahmad who was working as a labourer is having links with Secret Agency of Pakistan i.e. ISI. Previously, the petitioner had visited Punjab, Haryana, Delhi and Himachal Pradesh where after clicking the photographs of sensitive areas of the Indian Army and area of Air Base, provided them to ISI. Believing this information to be trustworthy and reliable, a case under Section 3 of the Indian Official Secrets Act, 1923 was registered and during investigation, the petitioner was arrested on 02.02.2016. On his personal search, one mobile phone make Lava Irisfuel colour black having EMI Nos.911417050262249 and 911417050262256 containing SIM No. 8991091860000001890 of Reliance Company and SIM No. 8991932507312247079 of Videocon along with a memory card of 4 GB was recovered from the right pocket of the pant worn by the petitioner. Upon checking the gallery of the recovered mobile, photographs of sensitive Army areas of Mamun Cantt., Pathankot were found. One map of Army Area was also recovered from his pocket.

(3.) The recovered memory card was sent to Punjab State Cyber Crime Cell SAS Nagar Mohali and 9 photographs of inside area of Army Cantt. were found in it. During inquiry the petitioner (Irshad Ahmad) disclosed that he is having relations with Sujjad Hussain, who does the work of private computer. He (Sujjad Hussain) used to visit Pakistan and is having relations with ISI. Sujjad Hussain had asked the petitioner to send him the photographs of the Army Cantt. After clicking the photographs, he was to send the aforesaid photographs to Sujjad Hussain who would further send these photographs to ISI. In exchange of these photographs they get money from ISI. The above detailed documents were recovered from the mobile of the petitioner.