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2A. For the sake of convenience, in these petitions the parties are referred to as arrayed before the trial Court. Before the trial Court the accused were (1), G. Lakshman, (2) G. Raghunath, (3) G. Jagannath, (4) R. N. Laxman, (5) Srinivasulu, (6) Yadunandan Prasad Dangwal and (7) Hardeep Singh and the complainant was the State of Karnataka by M. Narayana D.S.P., C.B.I., Special Investigation Cell, New Delhi.

3. The case of the prosecution was as follows :

Accused Nos. 1 to 3 at the time of initiation of proceedings were the joint proprietors of M/s. Dwaraka Arms Stores, Bellary which was carrying on business in the manufacture and sale of Fire arms. Accused No. 6 was an Officer, Arms Section, Ministry of Defence, Government of India, who subsequently retired from service. On 13-10-1983 one G. Krishna Rangappa of G. Krishna Rangappa & Sons, Jewellers and Bankers, Bellary, volunteered information about the illegal activities of Accused No. 1 from 1961 to 1983. Pursuant to the powers conferred under Rule 27 of the Arms Rules 1962 the District Magistrate, Bellary, inspected the premises of Dwarka Arms Stores. He conducted inspection along with his subordinates with police escort. During the course of inspection the following objectionable articles seized from the said stores :
xi) Exhibit 32 - Extract from File No. V-11020/11/75 GPA-II (V) signed by S. V. Maruthi, Asst. Legal Adviser dated 18-10-1979 and G. P. Maini, Desk Officer.
xii) Exhibit 34 - Letter dated 23-7-1984 of Sri G. Lakshman, Proprietor M/s. Dwaraka Arms Stores, Bellary, Camp, Hyderabad, Addressed to the President of India.
xiii) Exhibit 35 - D.O. Letter dated 13th Aug., 1984 from Sri Kulwantsingh, addressed to P.S. to Minister of Home Affairs, Govt. of India, North Block, New Delhi.

Apart from the above note sheets, the District Magistrate seized blank letter-head pads of Ministry of Home Affairs, Government of India foolscap size and half size. Accused No. 6 was helping accused No. 1 at every step. Accused No. 6 handed over carbon copies of original note sheets to accused No. 1. The modus operandi of accused No. 6 was to collect copies of the Government letters and note-sheets containing the notings of various officers from different files with a view to get proceeds and obtain orders. It was alleged that accused No. 1 must have obtained those blank letter-heads of Ministry of Home Affairs from the officials of the Home Affairs. On the request of the Superintendent of Police, Bellary, a trap was conducted, and one T. R. Raghunandan, I.A.S., Probationer was directed to act as decoy customer. Accused No. 4 offered to sell a Spanish made gun to the informant. On 11-10-1984 accused No. 4 and his son accused No. 5 had accompanied the informant and the decoy customer Sri Raghunandan and negotiated the sale of the Spanish made gun. The said negotiations were tape-recorded. The said Spanish gun was earlier tested in front of the informant. On 18-10-1984 accused No. 4 was arrested when he was found in possession of the import gun without licence. On the same day accused No. 5 was arrested as he was in possession of 2 cartridges offered for sale. Accused No. 7 was found in possession of instruments with which he could manufacture illegally a fire arm. The District Magistrate lodged the complaint before the Gandhinagar Police and it was registered as Crime No. 244 of 1984. On 4-2-1985 the District Magistrate gave detailed report on the basis of which the said police registered a case in Crime No. 17 of 1985. By a Government order both the Crime numbers were handed over to C.O.D. for investigation and who in turn consolidated both the cases, held an investigation and filed a single charge-sheet on 13-5-1985. It was also mentioned in the report that the documents are under examination by the Ministry of Home Affairs, GOI, New Delhi, Home Department, Vidhana Soudha, Bangalore, and other allied departments, and supplemental charge sheet in respect of the opinions furnished thereof be submitted in due course. From the charge-sheet filed and the charges made out by the prosecution it was clear that the accused conspired to acquire unlicenced weapons with an intention of selling them illegally through irregular channels and they acquired secret official documents by committing theft of the opinions of various levels of officers in the Ministry of Home Affairs and the letters and other documents belonging to the Ministry of Home Affairs, Home Department, Government of Karnataka, Department of Planning etc. with a dishonest intention and that they possessed such stolen document knowing or having reason to believe that they were stolen documents and that they thereby committed offences punishable under sections 25 and 30 of Arms Act, S. 5(1)(c) of the Official Secrets Act, 1923 and Sections 379 and 411 read with Sections 34 and 120-B of the Indian Penal Code.

"The Government have in their letter cited ordered for a full enquiry into the contention of Deputy Commissioner, Bellary against illegal transactions of G. Laxman, proprietor of Dwaraka Arms Manufacturing Company, Bellary. Securing these documents for the purpose of enquiry was very essential. Hence, I requested Deputy Commissioner, Bellary in my letter of even No. dated 7-1-85 requesting him to cause production of the documents and other articles seized on 12-10-84 drawing his attention to the provisions of S. 91 of the Code of Criminal Procedure, 1973. The Deputy Commissioner, Bellary, was reluctant to hand over the documents and in his reply dated 7-1-1985 intimated under the pretext that those articles/documents requisitioned are necessary for the purpose of his investigation and they are not necessary for the investigation of the case cited. Copy of the letter addressed to the Deputy Commissioner, Bellary and copy of his reply are annexed. For the purpose of carrying out a full enquiry it is requested that the Government may direct the Deputy Commissioner, Bellary to cause production of those articles/documents.

Likewise the report of one Shri Nanaiah, Police Inspector, C.A., C.O.D., Bangalore, which stated that the allegations made against the accused are baseless and the relevant portion of which reads as follows :

"The investigation so far conducted by me, reveals, that, the Superintendent of Police, Bellary had kidnapped Sri R. N. Laxmaiah and his son from his house on 11-10-84 at 07-00 hrs. in Car No. MER 1442, through the Probationer I.A.S. Officer and the Circle Inspector of Police, Hospet, took him to Kampli Road near Kuduthini and assaulted him mercilessly on the canal bund, tape-recorded his speech, brought him back to Low Level canal guest house, Bellary, after giving him breakfast from Suddha Hotel near Spinning Mill and took him to Rampur Police Station and wrongfully confined him in the lock up, tortured him ad his son at Travellors Bungalow, Rampur, then, the Deputy Superintendent of Police. Hospet and Circle Inspector of Police, Hospet, went to Rampur in Jeep No. MEK 1141 from Hospet to Rampur via Bellary and took Sri R. N. Lakshmaiah and his son from the lock-up and brought them to Hospet via Gudekota, Kudligi, Maremanahally on 18-10-84 and booked a false case in Cr. No. 211/84, stating that he was found with a gun and cartridges at K.S.R.T.C. bus stand etc. His house was searched on 10-10-84 by the Police Sub-Inspector, Town Police Station, Hospet.