Judgment

G.T.NANAVATI, J.

(1) THIS appeal is directed against the judgment and order dated 13/8/1991, passed by the High court of Gujarat in Criminal No. 147 of 1990. The High court allowed the appeal, set aside the acquittal of the appellant (Accused 1 by the learned Sessions Judge, Kuchchh, in Sessions Case No. 62 of 1988 and convicted him for the offences punishable under S. 3(1(a) and 3(1(c) both read with Section 9 and also under Section 10 of the Official Secrets Act, 1923 (hereinafter referred to as the Act).

(2) RAYNA Alimohamad Hothi (Accused 2 was also tried along with the appellant but it is not necessary to mention the facts relating to him as he has not challenged his conviction.

(3) ON 2/6/1986 Rayna (Accused 2 was arrested while crossing the Indian Border along with two other Pakistani nationals. During interrogation it was revealed that since about 4 years they used to come to India, meet Alana (Accused 1 and two other Indian nationals and obtain information useful to Pakistani intelligence.

(4) THEREFORE, on 4/7/1986, Police Inspector B.B. Dwivedi obtained warrants under Section 11(2 of the Act for searching houses of the s