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1996 Supreme(Ker) 402

K.G.BALAKRISHNAN, B.N.PATNAIK
Vijayan – Appellant
Versus
Fauziya Hassan – Respondent


Judgment :-

K.G. Balakrishnan, J.

Crime No. 246 of 1994 was registered by the Vanchiyoor Police Station, Thiruvananthapuram under S.3 & 4 of the Official Secrets Act, 1923 r/w S.34 IPC. The case was registered against 6 persons alleging that they committed espionage activities in Kerala and tried to smuggle out certain secret documents from the Indian Space Research Organisation (ISRO). Two of the accused are nationals of Maldives. Originally Vanchiyoor Police Station had registered another crime viz. 225 of 1994 alleging that one of the accused herein, who is a Maldives national, overstayed in Kerala. The revision petitioner herein was the then Special Branch Inspector, Trivandrum City. He questioned the Maldive national and, according to him, he came to know of the espionage activities conducted by that Maldive national along with the accused person in Crime No. 246/94. The revision petitioner then arrested that Maldive national and filed a report before the Station House Officer, Vanchiyoor Police Station. Thus, Crime No. 246/94 was registered and the Special Branch Inspector, who gave the report, was shown as the first informant.

2. Investigation in Crime No. 246/94 was taken ove







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