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IN THE HIGH COURT OF DELHI AT NEW DELHI
VIPIN SANGHI, J.
Daleep Singh Chandrawat - Petitioner
Versus
State - Respondent
Crl.A. 731/2008
Decided on : 03.08.2015
Official Secrets Act - Conviction under Section 3 and Section 9 - Summary of Acts and Sections
Fact of the Case:
The appellant was convicted under Section 3 and Section 9 of the Official Secrets Act, 1923 for passing secret documents to a foreign agent. The prosecution's case was based on the recovery of secret documents from the appellant at a courier company and his access to the documents at his workplace.
Finding of the Court:
The court found the appellant guilty of the offences under Section 3(1)(c) read with Section 9 of the Official Secrets Act, 1923. The court upheld the conviction and the sentence of 7 years and 8 months, despite the prescribed punishment of up to 14 years.
Issues: The issues raised included contradictions in witness testimonies, lack of sealing of the recovered documents, permission for photocopying secret documents, and verification of the recipient's address and telephone number.
Ratio Decidendi: The court held that minor contradictions in witness testimonies did not affect the core of the prosecution case. It also ruled that the absence of sealing did not make the recovered documents susceptible to tampering, and the appellant's access to the secret documents was established. The court found the appellant's conduct unpatriotic and upheld the lenient sentence imposed by the trial court.
Final Decision: The appeal was dismissed, and the conviction and sentence of the appellant under Section 3(1)(c) and Section 9 of the Official Secrets Act, 1923 were upheld.
Vipin Sanghi, J.
1. This appeal is directed against the judgment dated 06.08.2008 passed by the learned Additional Sessions Judge in S.C. No. 124/2006, arising out of FIR No. 186/2000 registered under Section 3 and Section 9 of the Official Secrets Act, 1923 (hereinafter referred as ‘the Act’) convicting the Appellant for the said offences, and the order on sentence dated 06.08.2008, sentencing him for the period already undergone i.e. 7 years and 8 months.
2. The case of the prosecution, as noticed by the trial court, is that information was received that one Dalip Singh Chandrawat posted in Joint Cipher Bureau, Ministry of Defence in conspiracy with one Shah @ Sharma Nath – a Kathmandu, Nepal based Pak Intelligence Official, was working in an unauthorized manner and communicating information relating to defense matters to known and unknown foreign agents, which were calculated to, or intended to directly or indirectly affect the sovereignty, integrity, safety of the country. It was further disclosed that the appellant, through different courier companies or by personal meetings, communicated different documents to the said entities. On 13.03.2000, the appellant had brought secret documents from his office which he was likely to pass on, through courier services, or by meeting the Pak Intelligence Official. On receipt of information about the appellant, surveillance was maintained by the staff of the committee Espionage section of Special Branch, consisting of SI B.B. Chand, SI Risal Singh (PW-4) and ASI Charan Singh.
3. On 14.03.2000 at about 11:30 am, the appellant came out of quarter no. 463, Laxmi Bai Nagar carrying a Khakhi envelope in his right hand and kept the same in the dickey of scooter No. DL 9 SF 1894. He then went to Sant Nagar and parked his scooter in front of Sky Net World Express Pvt. Ltd. (hereinafter referred as ‘Courier Company’) and was followed by the surveillance team. Appellant took out the Khakhi envelope and entered the office of above mentioned courier company to book the same for “47-C Someshwar Kathmandu, Nepal from Dalip Singh Chandrawat 463, Laxmi Bai Nagar, New Delhi 110023”. At about 12:00 p.m., while the appellant was handing over the envelope to Manohar Singh (PW-1) – an employee of the courier company, the police officials entered, apprehended the appellant and took the envelope. Upon opening the envelope it was found to contain another plain envelope. On opening the plain envelope, 99 sheets which were photocopy of Cryptographic Regulations SOX-07000 marked “Secret” were recovered. The contents of the envelope were signed by the witnesses, and taken into police possession. SI B.B. Chand prepared the rukka and got the case registered at the police station Lajpat Nagar through ASI Charan Singh, on which the FIR was registered and the investigation was taken up by Inspector Madanjit Singh Randhawa (PW-12). The original FIR was sealed and special information was sent to the senior officers of the police and the learned CMM, Delhi through Special messenger Ct. Bhagwat Pd. (PW-10), and after recording the statement of witnesses, the appellant was arrested on the same day and taken to police remand till 29.03.2000.
4. The appellant in his statement to police disclosed that in 1992 he joined the Joint Cipher Bureau, Sena Bhawan, Ministry of Defense as Chief Compilation officer on deputation basis. Around April, 1994 he came into contact of Shah, through Markandey Mishra (PW-6), and started passing documents to him which continued till 1996. In the year 1996, he was introduced to one Hero at INA Market by Shah. Around July/August 1998, Shah introduced him to Hassan, working in Pakistan High Commission Kathmandu, who later assumed the name of Sharma Nath. The appellant visited Kathmandu around 1998, where Hassan enquired from him about his posting back to Joint Cipher Bureau. Around February 1999, the appellant rejoined the same department and started passing the documents to Hassan @ Sharma Na
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