The conviction upheld under the Official Secrets Act, determining that discovery of significant offending material justifies charges of anti-national activities, with the reliability of police testimony affirmed.

1. The original accused in sessions Case No. 70 of 1988 has invoked the appellate jurisdiction of this Court for questioning the correctness of the judgment and order of conviction and sentence passed by the learned Additional Sessions Judge of Kutch at Bhuj on 30th November 1991. Thereby, the appellant has been convicted of the offence, punishable under S.3(1)(c) of the Official Secrets Act, 1923 ('the OS Act' for brief).

2. The prosecution case may be summarised thus : one Police Sub-Inspector, named, Gurkha, was working in the Khavda Police station from 31st January 1986. He came? now that the present appellant was wanted with respect to some offences connected with the Passports Act, 1967. The PSI also received some information that the present appellant was connected with certain anti - national activities. It appears that the present appellant could be found around 14th March 1986. A case against him was instituted under the Passports Act. It appears that he was released on bail on a condition that he should report to the police station at Khavda at the prescribed regular intervals. It appears that the PSI received some secret information that some offending materials for the purposes of the O. S. Act was kept in one hut ('bhunga' in the local parlance). The information further revealed that it belonged to one Rahimna Daud. This piece of information was received by the PSI some time on 8th May 1986 presumably during late hours. He immediately rushed to his superior officer for the purpose of obtaining an order for searching that hut as provided in S. 11(2) of the O. S. Act. The necessary written request in that regard from the PSI to his superior officer is at Exh. 144 on the record of the case. It appears that the addressee of the written request at Exh. 144 on the record of the case was camping at Nakhatrana. It appears that the PSI contacted him in the early hours of 9th May 1986. Looking to the urgency involved in the matter, the concerned superior officer passed the necessary order under S. 11(2) of the O. S. Act. It is at Exh. 87 on the record of the case. The PSI appears to have rushed back to Khavda and reached home at 6.15 a.m. on that very day. He appears to have gone to the police station at Khavda around 9 a.m. on that day with a view to implementing the order at Exh. 87 on the record of the case. As aforesaid, the present appellant was required to report to the police station at Khavda at the prescribed intervals. One such day fixed for his reporting to the police station at Khavda was 9th May, 1986. He appears to have reported thereto around 9 a.m. on that day. It appears that on some preliminary interrogation he showed his willingness to point out the offending material lying in the hut allegedly belonging to Rahimna Daud. Thereupon, two panch witnesses were summoned. The order at Exh. 87 on the record of the case was read out to the present appellant as well as to the two panch witnesses. It appears that the present appellant showed his wi