Judgement

CHINNAPPA REDDY, J.:- On the intervening night of November 29/30, 1984, the Security Police Patrol on duty near Jogbani Checkpost noticed a jeep speeding towards the Indo-Nepal border. The jeep was stopped. There were five occupants in the jeep. One of them was Simranjit Singh Mann who had been dismissed from the Indian Police Service. An order of preventive detention under the National Security Act had been made against him on August 29, 1986. He was wanted in that connection but had gone underground. On being questioned by the police patrol party, they first refused to disclose their names and identity. This aroused the suspicions of the police party. One of the officers was able to identify Simranjit Singh Mann. The five occupants in the jeep were searched as also their baggage. A sum of Rs. 62,722 was found with one of the occupants, who it is alleged offered the police party a large amount as bribe if they were allowed to cross the Indo-Nepal Border. As a result of the search, a number of documents and other articles were seized. From the person of Simranjit Singh Mann were seized, a copy of a letter dated June 2, 1984 from Simranjit Singh Mann to the Chief Secretary, Punjab, a copy of the letter of resignation dated June 18, 1984 of Simranjit Singh Mann, the Passport of Simranjit Singh Mann, two photographs of Jarnail Singh Bhindrawala, a letter from Simranjit Singh Mann to Birbal Nath, a letter addressed to one Arun Kumar Agarwal asking him to help the bearer in all possible ways and an anonymous letter warning Simranjit Singh Mann of likely attempts to liquidate him and advising him to leave the country. Simranjit Singh Mann refused to sign the seizure memo. From Kamikar Singhs person, currency notes of the value of Rs. 62,722 were seized. An amount of Rs. 25,000, it is said, was offered as bribe to the Police Officers. From Jagpal Singhs suitcase was seized a booklet in English entitled Sikhs and Foreign Affairs and a combined road map of India, Pakistan, Bangladesh, Sri Lanka and Nepal. Among other articles seized were a booklet in English written by Narinder Singh Bhuller said to contain anti-Government and Sikh separatist propaganda, a notebook containing material about the worlds leading underground organisations said to be in Manns handwriting, a register in which Mann was said to be writing the history of Amritsar in which the Indian Army is said to have been described as the enemy. Consequent on operation Blue-Star, extremist Sikhs are said to be described as nationalists and defenders of the motherland and Mrs. Gandhi, the then Prime Minister is described in a derogatory fashion. At the check-post, a photograph of Simranjit Singh Mann was available and it was verified that the person suspected to be Simranjit Singh Mann was actually Simaranjit Singh Mann. The other persons gave their names as Kamikar Singh. Charan Singh, Jagpal Singh and Raghubir Singh. Kamikar Singh was the person who had made the offer of bribe. A First Information Report was then registered at the Jogbani Police Station for references under Ss. 121-A, 124-A, 123, 153-A, 505 and 120-B of the Penal Code and S. 5(iii) of the Prevention of Corruption Act. Investigation started. On December 11, 1985 a charge-sheet was submitted before the Judicial Magistrate, First Class, Araria against the five accused persons for offences under Ss. 121-A, 123, 124-A, 153-A, 165-A, 505 and 120-B of Indian Penal Code.

2. Before the charge-sheet was filed, on December 4, 1984 Simranjit Singh Mann was served with the order of detention under the National Security Act and sent to Bhagalpur Jail. The other four accused were also detained under the National Security Act at Bhagalpur. On March to 1985 the four accused other than Simaranjit Singh Mann moved the Judicial Magistrate, First Class, Araria for bail in the criminal case which was then being investigated claiming to be released under the proviso (a) of S. 167(2) of the Code of Criminal Procedure. The