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1996 Supreme(Ker) 175

K.J.JOSEPH, G.SIVARAJAN
S. M. Purtado And Etc. – Appellant
Versus
Dy. S. P. , C. B. I. Cochin And Etc. – Respondent


Judgment :-

JOSEPH, J.

These cases raise common questions of law and are being disposed of by this common order. The Cochin Harbour Police registered Crime No. 3 of 1996 against seven persons for offences punishable under Section 14 of the Foreigners Order, 1948 read with Section 14 of the Foreigners Act, 1946 and under section 7(5) of the Territorial Water Continental Shelf, Exclusive Economic Zone and other Maritime Zones Act, 1976 (the Maritime Zones Act, for convenience sake). The seventh accused is the petitioner in Crl.M.C. No. 917 of 1996 and accused 1 to 6 are the petitioners in Crl.M.C. No. 918 of 1996. They were arrested on 11-1-1996 and produced before the Judicial Magistrate of First Class, Ernakulam on the same day. They are now in judicial custody, on remand.

2. On 8-3-1996, the investigating officer filed a report before the Magistrate including offences under the Official Secrets Act, 1923 in the crime. Even before the expiry of 60 days, the petitioners sought their release on bail under section 167(2) of the Code of Criminal Procedure (the Code). Subsequently, the investigation was made over to the Central Bureau of Investigation (CBI) as per the notification dated


















































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