KUTBUDDIN Vs. STATE

JUDGEMENT

(1.) THIS is an application under Section 561-A of the Code of Criminal Procedure wherein it is prayed that the proceedings against the applicants under Sections 3 and 9 of the Official Secrets Act, 1923 (Act XIX of 1923) (hereinafter called 'the act'), and Rules 39 and 41 of the Defence of India Rules and Section 120-B of the indian Penal Code be declared illegal and quashed.

(2.) THE circumstances which it is necessary to notice for the disposal of this application are these:

(3.) ON 18th September, 1965 Shri S. N. Bhargava, Superintendent of Police, security, Rajasthan, Jaipur lodged a first information report with the Ramganj police Station, Jaipur mat Kutbuddin, Abdul Aziz, Usman, and Razaullah of Jaipur had given and wore giving information to Pakistan which was prejudicial to the safety of India, and, therefore, a case under Sections 3 and 9 of the Act and Rules 39 and 41 of the Defence of India Rules came to be registered. Mr. Ojha, Deputy superintendent of Police was appointed to investigate the offences. He searched the houses of these four persons. Nothing incriminating is said to have been found. All the four accused persons were arrested on 18th September, 1965. The Magistrate remanded them to police custody until 4th October, 1965 under section 167 of the Code of Criminal Procedure. They were presented before the city Magistrate, Jaipur on 4th October, 1965 and they were further remanded to custody. On 14th October, 1965 one Samsamul Haq Arshi of Jodhpur was also arrested. During the investigation Usman and Razaullah were released on bail. On 15th January, 1966 Mushriuddin of Jaipur was also arrested. It was in April 1966 that the police sent a report to the Government of India asking for authority to prosecute these accused persons and the Government by its order dated 19th april, 1966 authorised the prosecution of Kutbuddin, Abdul Aziz, Samsamul Haq arshi and Mushriuddin.