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2. The accused has been sent to face trial for offence under Section 3/9 Official Secrets Act read with Section 468/471/474/120­B, IPC on the averments that few days before 20.10.2006/the date of apprehension of the accused, there was information with SI Dharmender Kumar that one Anil Kumar Dubey posted with AGI Directorate, Delhi was involved in espionage activities. He was working on the direction of intelligence agency of Pakistan, he was collecting information regarding movement and deployment of Indian Army and transmitting secret information to Pakistan. He was transmitting sensitive and secret information regarding Indian Army to the enemy country which is directly or indirectly useful to foreign enemy country. Passing of such information was likely to affect sovereignty, integrity and security of India. On 20.10.2006 at 3:00 P.M., SI Dharmender Kumar received specific information that one Pakistan intelligence officer posted with Pakistan High Commission, New Delhi will come at House No. 1385 near Holi Chowk, Mahipal Pur, Delhi at about 7:00 PM to collect the secret documents pertaining to Indian Army from Anil Kumar Dubey. The said information was brought to the notice of senior officers who directed Inspector Rajender Singh to take immediate necessary action. The information was entered vide DD No. 10. A raiding party comprising of Inspector Rajender Singh, SI Dharmender Kumar, SI Deshraj, SI Dinesh Pal, HC Pawan Kumar and HC Naresh Kumar was constituted which made departure along with informer. On reaching Dhaula Kuan at about 4:00 PM, SI Dharmender Kumar and Inspector Rajender Singh requested 4­5 passerby to join the raiding party but none agreed due to their personal compelling reasons and left without disclosing their identity. The raiding party proceeded further and reached main road Mahipal Pur at about 4:30 PM and again requested 4­5 passerby to join but to no use. Keeping in view the secrecy and importance of operation as well as shortage of time, the raiding party proceeded further and reached near House No. 1385 (Supra). At about 7:00 PM the informer pointed out towards a tall well built person going towards enterance of House No. 1385 (Supra). Said man kept waiting for receipt of documents. After few minutes another person came down and after having exchange of few words, handed over a black rexin bag. Both the persons were apprehended and their names were disclosed as Anil Kumar Dubey and Mohd. Farooq. During search of black rexin bag possessed by Mohd. Farooq, 2 CDs and 4 photocopies of restricted documents were recovered. The same were sealed with the seal of DK and taken into possession. Seal after use was handed over to SI Dinesh Pal. In cursory search of Mohd. Farooq, one I.Card of Pakistan High Commission issued by MEA, one key of car, debit card of ABN Amro Bank and two driving licence in the name of Ramesh Yadav and Mohd. Farooq were recovered. Since, Mohd. Farooq was having diplomatic immunity, he was handed over to SI Deshraj and HC Naresh Kumar to be handed over to Pakistan High Commission through MEA, Govt. of India. The belongings of Mohd. Farooq were also handed over to SI Deshraj. Rukka was sent through HC Pawan Kumar for registration of case with request to mark investigation to SI Videsh Singhal as per directions of senior officers who reached the spot.

10. PW4 M.S. Yadav, Inspector Head Quarter, Operation stated that driving licence in the name of Ramesh Yadav was sent to him for verification. He gave information Ex.PW4/A that the licence was fake.

11. PW5 SI Dinesh Pal is one of the members of the raiding party. He deposed that on 20.10.2006 he was posted in Special Cell, New Friends Colony. He joined investigation with SI Dharmender Kumar who was having prior information about Anil Kumar Dubey being involved in espionage activities. A secret information was received by SI Dharmender Kumar that one employee of Pakistan High Commission would come to the house of Anil Kumar Dubey at 1385, Mahipal Pur, Near Holi Chowk to collect some secret documents relating to Indian Army. A raiding party was organized consisting of Inspector Rajender Singh, SI Dharmender Kumar, SI Deshraj, HC Naresh Kumar, HC Pawan and himself. The raiding party left office at 4:00 PM in Govt. vehicle No. DL­1C­F­713 and one private vehicle number of which he did not remember. On reaching Dhaula Kuan at about 4:30 PM SI Dharmender tried to join public witnesses after telling them secret information but none agreed and left without telling their names and address. At 4:50 PM the raiding party reached main chowk, Mahipal Pur where SI Dharmender asked 4­5 passerby to join the raiding party but none agreed. The raiding party reached H.N. 1385, Supra at about 5:25 PM and took the position. At about 7:00 PM one person was seen going towards entrance gate of house No. 1385 (Supra). Secret informer pointed out said person to be the employee of Pakistan High Commission. Thereafter one person came down holding one black colour rexin bag in his hand and both talked to each other. The person who came down was accused present in Court. Accused handed over the bag to employee of Pakistan High Commission. Both of them were apprehended. The rexin bag was checked and was found containing two CD and four photocopies of notification relating to Indian Army pertaining to counter insurgency. CDs were kept in separate pulandas and sealed with the seal of DK. On notifications seal of DK in ink was put. The recovered articles were taken in possession vide Memo Ex.PW5/A. Copies of notification have been proved as Ex.PW5/A­1 to A­4. Seal after use was handed over to him. The employee of Pakistan High Commission was searched and subsequently deported. Personal search memo of said employee is Ex.PW5/B. The accused made disclosure statement Ex.PW5/C and his personal search was conducted vide Memo Ex.PW5/D. Arrest memo of the accused is Ex.PW5/E. In house search of the accused, three cheque books were recovered out of which two belonged to Mohd. Farooq and third belonged to Shamshad Hussain. All the cheque books were of ABN Amro Bank. One pen drive, some documents relating to bank and one passbook of the accused were also recovered. The same were seized vide memo Ex.PW5/F. He identified the CDs as Ex.P­1 and P­3, pen drive as Ex.P3/1, rexin bag as Ex.P4.

36. In his statement U/S 313 Cr.PC the accused admitted that he was posted at AGI Directorate as Army Jawan. He denied that SI Dharmender Kumar had information about his involvement in espionage activities or that one employee of the Pakistan High Commission was to come to his house to collect serious documents relating to Indian Army. He denied that any raiding party was organized or that public persons were asked to join or that he refused. He denied that he was residing at house No.1385, Holi Chowk, Mahipal Pur, Delhi. He was picked up by police at 6:30 PM from Mahipal Pur Bus Stop. He denied that he came down from the stairs or was having black colour rexin bag or started talking Mohd. Farooq. He denied that he handed over the bag to Mohd. Farooq. He denied recoveries or sending of rukka or preparation of site plan. However he admitted that Sunita Devi was his landlady. He denied having made disclosure statement. He was arrested from Mahipal Pur Bus Stand in the presence of his brother Sunil Kumar Dubey. According to him, he was falsely implicated to settle scores with Pakistan and he had been made scape­goat. PWs have deposed falsely as they are interested witnesses. He pleaded innocence and stated that SI Videsh Singhal was not competent to investigate the case. He opted to lead DE.

50. The Ld. Counsel for the accused submitted that it is the strange case in which the prosecution has tried to establish that it had information since few days before 20.10.2006 that accused was indulging in espionage. Still it did not tape the mobile phone of the accused. It is not a case in which the accused was not having mobile phone. Rather a mobile phone is shown to have been recovered from him. Now a days the scientific method of solving the case is seizure of call details of the suspect.