B.S. Chauhan, J.

1. THE instant case has already made a chequered history as this is the 4th round of litigation before this Court, though the trial has not yet commenced. Petitioners were arrested on 7.6.1992 on the basis of an F.I.R. lodged under Section 409, I.P.C. read with Section 5 (1) of the Official Secrets Act, 1923 (hereinafter called the Act). Petitioner No. 1 who had been posted as Secretary of the U.P. Public Service Commission, was working as a co-ordinating Supervisor at the relevant time and the petitioner No. 2 was functioning as relieving invigilator in the Civil Service (Preliminary) Examination, 1992. Allegation against the petitioners are that in contravention of the instructions issued by the Union Public Service Commission, petitioner No. 1 entrusted two test booklets of that examination to petitioner No. 2 for getting it photo-copied from the market. Petitioner No. 2 complied with the direction and the same was returned at 11.30 a.m. when the same could not have been taken outside the examination hall and the said booklets ought to have been sealed by 10.30 a.m.

2. THE C.B.I, investigated the matter and obtained sanction from the Government of Uttar