Hon'ble SHARMA, J.—These three appeals have been filed by the appellants Shafi Mohammed, Chhottu Khan and Chand Khan against the judgment dated March 9, 2004 of Sessions Judge Jaipur City Jaipur in Sessions Case No. 196 of 1992 whereby the appellants were convicted under Section 3(1)(c) of the Official Secrets Act, 1923 and sentenced to seven years rigorous imprisonment. Accused appellant Safi Mohammed was acquitted of the offence under Section 5 of the Official Secrets Act.

2. Brief facts of the case are that on March 6, 1990 Bhoormal Jain, Superintendent of Police CID Zone Jodhpur lodged an FIR for the offence under Sections 3, 3/9 of the Official Secrets Act read with Section 120B IPC with the Special Police Station Rajasthan Jaipur which is numbered as FIR No. 1/1990. On the basis of the said report after investigation complaint Ex. P/20 was filed before the Chief Judicial Magistrate Jaipur City Jaipur by Dan Chand Sharma (PW.10), wherein it was stated that on March 6, 1990 Bhoormal Jain SP CID Zone Jodhpur was informed by an informant that one suspected person was seen going in AIR Force Area Jodhpur. After receiving information one Veer Singh Inspector of Police CID was given instructions to keep a vigil on the suspected person. Veer Singh after keeping Vigil on suspected Road Jodhpur, where suspected person was staying. When Veer Singh asked the name of suspected person he has disclosed his name as Anil Sindhi son of Bhagwandas Sindhi resident of Jamnagar (Gujrat) and he came to Jodhpur for some work of tailoring. Veer Singh further enquired from him regarding Gujrati Language and Hindu religion, but he was not able to explain anything about Gujrati language and Hindu religion. A doubt was created by the suspected person in the mind of Veer Singh. Veer Singh further enquired about his whereabouts then the suspected person disclosed his actual name as Mohammed Isfaq son of Mukram Khan resident of Karanchi (Pakistan). Veer Singh sent the information about the suspected person to Bhoormal Jain, SP CID. On this Bhoormal Jain reached at Rathi Guest House accompanied by N.K. Atrey Deputy Superintendent of Police. They further interrogated the suspected person and searched his baggage. They recovered one bound copy containing five pages. Some writing was there in Urdu language. They also found a small written piece of paper in the bound copy. On tearing the air baggage they found one restricted sheet 45 "A" Phalodi, inside map two papers of bound copy containing sketches of important places of Airforce and also certain notes in Urdu language were also found. Because the recovered documents were secret, in presence of Om Prakash Rathi and Ramdas, the said documents were seized. It was also stated in the complaint that on further enquiry from the suspected person Mohammed Isfaq disclosed that when he was sent by Pak F.I.U. Intelligence Agency to India on Feb. 5, 1990 he came through Pak Post Kekdi and Indian post B.K.D. Bakkhasar with the help of Jawahra Koli of Bakhasar and illegally crossed Boundary and reached Jodhpur and Jethachanana where ASM Safi Mohammed was posted and delivered Rs. 6500 (Indian currency notes) sent by Pak Intelligence to him and asked him about the work done. On this Safi Mohammed informed him that work is yet to be completed and the same would be completed upto 7 ad 8 March, 1990. On the basis of aforesaid information Mohd. Isfaq and Safi Mohammed were found to be Pak spies and they have sent the report through special messenger Navnit Kumar, CID Special Zone Jodhpur and the same was received by the Special Police Station SHO, Yadram Tewari, who lodged the FIR and started for Jodhpur for investigation and he went there and arrested Mohammed Isfaq. He further interrogated Mohammed Isfaq then he disclosed that Pak agency asked him to give money to Safi Mohammed, posted as ASM for the information to be supplied to them. Yadram Tewari along with him reached Jetha Chanana and asked Safi Mohammed to call Moha

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