The judgment establishes the legal principles related to espionage, illegal residence, forgery, consecutive sentencing, and deportation under the Official Secret Act, Foreigners Act, and Indian Penal Code.

Bharat Bhushan, J.

1. Appellant Jalaluddin is admittedly resident of Bilal Nagar Colony, Police Station (PS) -Garibabad, Sindh, District Thattar, Pakistan. He has been convicted under Section 3 of the Official Secret Act, 1923 (hereinafter referred as Official Secret Act), Section 14 of the Foreigners Act, 1946 (hereinafter referred as the Foreigners Act) and Sections 468, 471 of the Indian Penal Code, 1860 (hereinafter referred as IPC) by the impugned judgment and order dated 17.11.2003 passed by Addl. Sessions Jude, Fast Track Court No. 4, Varanasi in Sessions Trial No. 474 of 2002 arising out of Case Crime No. 446 of 2001, P.S. Cantt, District Varanasi.

2. The appellant was sentenced to 14 years rigorous imprisonment under section 3 of the Official Secret Act, 5 years rigorous imprisonment and fine of Rs. 5000/- with default stipulation under Section 14 of the Foreigners Act, 7 years rigorous imprisonment and fine of Rs. 3000/- with default stipulation under Section 468 IPC and finally 7 years rigorous imprisonment along with fine of Rs. 3000/- with default stipulation under Section 471 IPC. All the sentences were directed to run consecutively. In essence, appellant has to suffer total 33 years of rigorous imprisonment along with various fines with default stipulations.

3. Prosecution has alleged that appellant was arrested on 3.10.2001 at about 4.10 p.m. by Station House Officer (SHO) P.S. Cantt Sri D.P. Shukla (informant/P.W-2) along with his companions at Unique Cyber World located near the police line crossing within P.S. Cantt, District Varanasi on the information furnished by informant while he was transmitting several documents of strategic importance to the safety and security of the Nation to the Pakistan. Recovered articles indicated that appellant had been visiting Fort Williams, Barrackpur of Eastern Command Unit and Assam Rifles, etc. He had transmitted locational information’s, maps and other information with a purpose prejudicial to the safety or interest of the Nation. Indian Passport No. B-3062545 valid up to 7.12.2010 in the name of one Juber Khan son of Liyakat Khan resident of A-515 Camp II, J. J. Colony, Nangloi, Delhi was also recovered upon which a Visa of Pakistan was visible at page No. 5.

4. The appellant was also taken to resident of Ali Abbas in Village Devchandrapur, P.S. Saidpur, District Ghazipur on 5.10.2001 where he was residing. From this residence, normal clothes, some cash and an affidavit in the name of Juber Khan, and ration card etc were also recovered.

5. The police also found that in the Indian Passport issued in the name of Juber Khan, the photograph of appellant had been substituted. Submission is that the appellant was using this Indian Passport by partially forging this Indian Passport. He used to travel at various places within India in the name of Juber Khan. It is also alleged that he was receiving instructions from one Major Akbar of Pakistani Secret Agency, (I.S.I). Informant D. P. Shukla lodged the First Information Report (FIR) Ex-Ka-4 at P.S. Cantt on 3.10.2001 at 18.15 p.m. Fard Ex-Ka-1 of recovered articles was prepared on 3.10.2001. Subsequently another Fard Ex-Ka-2 was prepared after recovery of incriminating articles from Village Devchandrapur, P.S. Saidpur, District Ghazipur on 5.10.2001. Sanction of Home Ministry to prosecute the appellant is available on record as Ex-Ka-19.

6. The matter was investigated and a criminal case was initiated. The then Addl. Sessions Judge, Fast Track Court No. 4, Varanasi charged the appellants under Section 3 of the Official Secret Act, under Section 14 of the Foreigners Act, under Section 468 IPC and Section 471 IPC.

7. Prosecution has adduced as many as eight witnesses in support of its allegations namely P.W.-1 S. I. Shesh Dhar Pandey (arresting witness), P.W.-2 S.H.O. Devi Prasad Shukla (informant), P.W.-3 Squadern Leader S. N.G. Hussain Khan of Indian Air-force, P.W.-4 Constable Prasiddhan Ram, P.W.-5 Colonel G. S. Jairam of Ge