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1. This case FIR was registered on rukka dated 04.04.1991 given to the SHO police station D. B. G. Road, New Delhi, through ASI Ram Saran sent by Inspector Lakhi Ram, wherein he has stated that a reliable information was received that one Hasinuddin Khan in conspiracy with Razak Ahmed, Pak High Commission Official, New Delhi, for a purpose prejudicial to the safety, security and interest of India has been unauthorizedly collecting and communicating to known / unknown foreign agents including the above named Pak High commission Official, documents / information, which are calculated to be or might be or intended to be directly or indirectly useful to enemy country / countries, relating to the matter the disclosure of which is likely to affect the sovereignty, integrity and security of India and country's relation with foreign states.

58. On 14.04.1991, accused Mohd. Israr was interrogated by Inspector Lakhi Ram in his presence. Accused made disclosure statement. He stated that he had collected tactical numbers of various army vehicles and were lying at his residence and he could get them recovered. The disclosure statement Ex. PW-19/C of accused Mohd. Israr was recorded by Inspector Lakhi Ram, which bears his signatures at point B.

59. PW-35 is ACP Lakhi Ram. He is the IO of the case. On 04.04.1991, he was posted in Counter Espionage Section, Special Branch, CID. On that day, at about 5 PM, he received a secret information in the office that Hasinuddin Khan in conspiracy with Razak Ahmed Pakistan High Commission Official, New Delhi for a purpose prejudicial to the security of the nation are collecting and communicating documents / information which are calculated to be intended to be or might be useful to the enemy country or friendly country the disclosure of which likely to affect the sovereignty of the nation. Informer further informed that Hassinuddin Khan and Razak Ahmed are likely to be meeting at Ajmal Khan Park, Karol Bagh at 6.30 PM. At this information, a raiding party comprising of SI Mandanjit Singh, SI Vikram Singh, ASI Puran Singh, ASI Ram Saran and HC Ram Meher was prepared and they reached at Ajmal Khan Park. Govind Mehto and Brij Rattan were requested to join the raiding party. They agreed and raiding party was deployed at the crossing of the fountain leading to the statue of Ajmal Khan in Ajmal Khan Park. At about 6.25 PM, Razak Ahmed arrived there. After 10 minutes, accused Hasinuddin also arrived there and handed over some documents and film roll to Razak Ahmed from his right pocket of his pant, in turn Razak Ahmed gave some currency notes to Hasinuddin, which he kept in front pocket of his shirt. Both were apprehended. Two note sheets and film roll were recovered from Razak Ahmed and Rs.4,000/- of Rs.100/- denomination were recovered from the right pocket of the shirt of Hasinuddin Khan. Currency notes, film roll and note book were got signed by witnesses Brij Rattan, Govind Mehto and SI Vikram Singh. They were taken into possession vide memos Ex. PW-2/A and PW-2/B.

131. PW-13 is Air Vice Marshall V. N. Bhan, South Western Command. He received letter dated 03.05.1991, from Inspector Lakhi Ram alongwith 12 photographs for seeking his opinion. After seeing the photographs, he gave his opinion vide his letter Ex. PW-12/A. He has identified the photographs as Ex. P-1 to P-12 before the court.

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132. In the letter Ex. PW-12/A, it is mentioned that the information contained in the photographs, if disclosed to unauthorised person, can be prejudicial to the safety, security and interest of the State, particularly at serial no. 6,7 and 8. The photographs at serial no. 6,7 and 8 are of Radar at Air Force, Arjangarh, Radar at Air Force, Arjangarh and Tropo Communication Unit, Air Force, Arjangarh. It is further opined that the information contained in the photographs can be directly or indirectly useful to an enemy country, including for sabotage, particularly at serial no. 6,7 and 8. It is also opined that the photographs are connected with the installation of Defence (i.e. Indian Air Force in whose respect photography is strictly forbidden in accordance with Indian Official Secret Act, 1923).

133. For remaining photographs, PW-17 Lt. Col Anthony Abrahim Retd. has been examined by the prosecution. He has stated that Inspector Lakhi Ram had sent him some photographs alongwith the covering letter seeking his opinion being an expert and after seeing the photographs, he tendered his opinion Ex. PW-16/A and 16/B. According to his report, photographs No. 20,23,25 and 26 are sensitive. After giving opinion, he returned 12 photographs vide Ex. PW-16/A to the IO.

134. The report is Ex. PW-16/B, according to the same, photographs no. 20,23,25 and 26 were found sensitive and information contained in the photographs can be prejudicial to the safety, security and interest of India. It is further opined that the information contained in photographs no. 20,23,25 and 26 was directly or indirectly useful to an enemy country. It is also opined that all the photographs no. 14 to 26 were directly or indirectly connected with defence matters.