The prosecution must establish a strong case with reliable evidence to prove conspiracy and collection of prejudicial information under the Official Secrets Act. The absence of proper arrest memos, questionable circumstances surrounding the recovery of evidence, and the improper sealing of documents can raise doubts about the authenticity and integrity of the evidence, leading to the acquittal of the accused.

1. - S. B. Cr. Appeal No. 157/88 has been preferred against the judgment dated 26/4/88 passed by the Sessions Judge. Jaipur City. Jaipur, by which, he found guilty both the petitioners under section 120 B IPC and Section 3 read with Section 9 of the Official Secret Act. The appellant were sentenced for the offence under section 120 B IPC for two years R. I. and for the offence under section 3 read with Section 9 of the Official Secret Act to 5 years R. I. Each has also been fined Rs. 500/- for each offence and in default of payment of fine, to further undergo 6 months R.I. Both the sentences were ordered to run concurrently.

2. On 8-1-82, Shri Richpalsingh, S.H.O., P.S. Hanumangarh received an information from a source that one Pakistani spy Jahangeer was coming to Hanumangarh Bus-stand. The S.H.O. along with his party-men i.e. Charan Singh, Bhoop Singh and Ramniwas reached Hanuman Garh bus star.d at 5.30 p m. and arrested Jahangeer, On search they recovered from his possession an Urdu written chit. That chit is Ex.P.3. During his interrogation he revealed that he first met with Amin Mandal Pakistani spy in 1978, who introduced him with one Subedar Iqbal of Pakistani intelligence. Since then he has been coming to India for gathering important and strategic military and other information and site photos which can be dangerous to the security of Indian Government. He further disclosed that closed associates who have been collecting in-formations for him were accused Balvinder Singh, Gurdeep Singh and Bachan Singh. On this information the Police arrested Balvinder Singh, Gurdeep Singh and Bachan Singh and recorded their information under section 27 of the Evidence Act. On the basis of these in-formations a letter Ex.P.8 was recovered by the Police from the possession of Balvinder Singh. This letter was scribed by Bachan Singh. The Police also recovered photos from the possession of Gurdeep Singh on his information. All these in-formations and the documents were sent by the S.P. Ganganagar with his report to S.P. Special Police, Jaipur for registering the case. F.I.R. No. Ex P.6 was prepared and the matter was investigated. After completing the usual investigation a charge-sheet was submitted before C.J.M. Jaipur City, who committed all the accused-persons to the Court of the Sessions Judge, Jaipur City for trial under section 120-B IPC and under section 3 read with Section 9 of the Official Secret Act on 2-1-86. As the accused Gurdeep Singh had absconded he was not committed. Thus, the learned Sessions Judge conducted the trial against the appellants and Jahangeer.

3. The trial Judge framed charge against the accused-persons under section 120-B IPC and Section 3 read with Section 9 of the Official Secret Act. The accused pleaded not guilty and claimed trial.

4. In order to establish the case the prosecution has examined 15 witnesses and after concluding the trial the learned Sessions Judge did not find any case established against accused Jahangeer and he acquitted him. However, he found the case established against the appellants under section 120-B IPC and Section 3 read with Section 9 of the Official Secret Act and he sentenced them as mentioned above.

5. During argument it was brought to the notice of this Court that Jahangeer and the present appellants were charge-sheeted for the offence under Foreigners Act. The appellants were discharged in that case while Jahangeer confessed the guilt and accordingly he was sentenced to one years R.I. and a fine of Rs. 200/-. in default of payment of fine, to further undergo two months R.I. During investigation of that case under Foreigners Act the statements of the appellants were recorded under section 27 of the Evidence Act and on the basis of that information and at the instance of accused Balvinder Singh a paper was recovered which is Ex.P.8. The information given by Balvinder Singh is dated 11-3-82 which is Ex.P.7 and the recovery memo of letter is Ex P.7 A dated 12-3-82. Thes