SANJAY KISHAN KAUL, J.

1. A case was registered on 17.4.1987 under Section 120-B of the Indian Penal Code, 1860 r/w Section 3 and 5 of the Official Secrets Act, 1923 („the OS Act? for short) on a complaint dated 15.04.1987 of one Sh.Navin Sikand of M/s Trident Express Courier Service. A courier packet on suspicion was opened and found to contain zerox copy of documents relating to secret information on country?s defence. The petitioner is one of the accused. The accused persons numbering five were alleged to have obtained, collected and communicated defence secrets prejudicial to the safety or interest of the State in pursuance to a criminal conspiracy. On completion of investigation, a complaint was filed on 07.02.1989 in the court of CMM, Delhi and the case was committed to the Court of Sessions on 13.09.1989.

2. The learned Special Judge, Delhi handing the cases under the OS Act discharged all the accused on 22.07.1995 on account of want of sanction under Section 197 of the Code of Criminal Procedure, 1973 („the said Code? for short). This resulted in a fresh complaint being filed on 17/18.12.1996 after obtaining the said sanction for prosecution. This complaint filed be