Advocates:
['G A', 'PIYUSH GARG', '', 'S C DUMKA AMICUS CURAIE', 'B D PANDE', 'H C PATHAK', 'PRADEEP UPRETI']

Reserved

HIGH COURT OF UTTARAKHAND AT NAINITAL

Government Appeal No. 33 of 2014

State of Uttarakhand

...Appellant

Versus

Abid Ali @ Asad Ali @ Ajit Singh @ Abu Bakar

….Respondent

Present:-

Mr. G.S. Sandhu, Government Advocate assisted by Mr. Lalit

Miglani, A.G.A. for the State/appellant.

Mr. S.C. Dumka, Amicus Curiae.

Ms. Manisha Bhandari, Mr. B.D. Pandey and Mr. H.C. Pathak,

Advocates for the respondent.

JUDGMENT

Per: Hon’ble Ravindra Maithani, J.

Instant Government Appeal is preferred against

the judgment and order dated 22.07.2013, passed in Jail

Appeal No. 7 of 2013, Asad Ali Vs. State of Uttarakhand, by

the court of 2^nd Additional Sessions Judge, Haridwar (for

short, “the appeal”). By the impugned judgment and order,

the conviction and sentence of the respondent Abid Ali @

Asad Ali @ Abu Bakar @ Ajeet Singh (hereinafter referred to

as “the accused”), under Sections 419, 420, 467, 468, 469,

471 & 120B IPC, Section 14 Foreigners Act, 1946 (for short,

“the Foreigners Act”), Section 12 (1A)(a) of the Passports Act,

1967 (for short, “the Passports Act”), Section 3 of the Official

Secrets Act, 1923 (for short, “the Official Secrets Act”) and

Section 31 of the Representation of the People Act, 1950

recorded on 19.12.2012, in Criminal Case No. 2596 of 2010,

State Vs. Abid Ali @ Asad Ali @ Ajeet Singh @ Abu Bakar by

the court of Chief Judicial Magistrate, Haridwar (for short,

“the case”), has been set aside and the accused has been

2

acquitted of the charges. In the case, the accused has also

been convicted of the charge under Sections 4 & 9 of the

Official Secrets Act, but the accused was not sentenced

thereunder. In appal, no order has been passed about the

charge under Sections 4 & 9 of the Official Secrets Act.

2.

Facts necessary for the disposal of the instant

appeal, briefly stated, are as hereunder:-

(i)

PW1 R.B. Chamola was posted as In-charge

of ATS Kumbh Mela, 2010, Haridwar. On that

date, at about 9:00 in the morning, he

received an information that Asad Ali, a

Pakistani National had been illegally staying

in India and he is in contact with Pakistan’s

Secret Agency, ISI. He collects military

information, photographs and documents,

which is dangerous to the integrity and

sovereignty of the Nation. According to the

information, Asad Ali would reach at about

2:00 PM at BSM Tiraha, Roorkee on that

date, to transmit some articles by courier.

Based on this information, the superior

officers

were

informed.

A

team

was

constituted,

which

included

PW3

Head

Constable,

Deepak

Arora,

PW4

Sub

Inspector,

Nadeem

Atahar,

PW5

Sub

Inspector, Pradeep Rawat and PW6 Sub-

Inspector, Vinod Kumar Jetha. The team

proceeded

at

the

indicated

place.

The

members

of

the

team

got

themselves

searched to ensure that no one possesses any

incriminating article. The informer was with

the Police Team. After a while, a person was

indicated by the informant that he is Asad

3

Ali. That person was apprehended by the

Police Team at 1:50 PM. On being asked, he

revealed his name Asad Ali, S/o Barkat Ali,

R/o

22

Shahpeer

Gate,

Meerut,

Uttar

Pradesh. From his right hand, an envelope

was recovered, which had the sketch maps in

it,

pertaining

to

Army.

Other

secrete

informations were also there in that envelope.

Apart from it, a laptop, mobile phones, ATM

cards

and

various

other

articles

were

recovered from him. He was taken into

custody and interrogated. Then he revealed

that his real name is Abid Ali @ Asad Ali @

Abu Bakar, @ Ajeet Singh, and he is a

resident of Mohalla Hazrat Baba, Hazi Shah

Saleem, Village Hajjarwal, Police Station

Thokar Niyaz Baig, Post Office Mansoora,

District

Lahore,

Pakistan.

The

accused

revealed that he had been sent India by Major

Amir Ali @ Rathore and Altaf of ISI. After two

months’ training in Lahore