LexSAFI MOHD. versus STATE OF RAJASTHAN
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[2013] 6 S.C.R. 339 SAFI MOHD. v. STATE OF RAJASTHAN (Criminal Appeal No. 1954 of 2009) APRIL 17, 2013 [CHANDRAMAULI KR. PRASAD AND V. GOPALA GOWDA, JJ.] A B Official Secrets Act, 1923 - s.3(1)(c) - Supply of secret information pertaining to Indian Armed Forces to Pakistani C Intelligence - One blue colored diary and a trace map seized on search of house of accused-appellant - Documents seized could affect the integrity and security of India - Conviction of appellant alongwith RI of seven years - Justification - Held: Justified - Matters under the Official Secrets Act are very D sensitive which require immediate action - On facts, neither the search conducted in the presence of the independent witnesses nor the investigation made by the investigating officer became defective for want of search warrant to conduct search in the house of appellant - Merely because E independent witnesses turned hostile, the other police witnesses' evidence cannot be disbelieved - Trial judge came to the right. conclusion by accepting the evidence of police witnesses - Prosecution evidence made it clear that documents of strategic importance to the Nation were F recovered from the possession of appellant and other accused and they failed to give satisfactory explanation about the documents being in their possession. The prosecution case was that the appellant used to supply secret information pertaining to the Indian Armed G Forces to the Pakistani Intelligence. On his house being searched, a blue colored diary of the year 1982 and a trace map Ex.D-3 were alleged to have been recovered. There were in all 5 accused persons. The documents 339 H 340 SUPREME COURT REPORTS [2013] 6 S.C.R. A recovered from the accused were sent to the Air Force Office'rs for their opinion, who informed that the said documents were useful to enemy country and affect the security of India. The appellant was convicted by the Sessions-<Judge under Section 3(1)(c) of the Official B Secrets Act, 1923 and sentenced to undergo seven years rigorous imprisonment. The conviction was confirmed by the High Court, and therefore the present appeal. Dismissing the appeal, the Court c HELD: 1.1. After referring to the evidence of the PW- 22 and PW-24 the search of the house of the appellant and seizure of certain documents along with diary particularly Ex D-3, handwritten map prepared with certain markings, it has proved the prosecution case. No 0 doubt the. independent witnesses have turned hostile, but the sessions judge has rightly accepted the testimony of the police witnesses after proper appreciation of their evidence to prove the seizure of the documents from the house of the appellant. (Para 20] E (355-H; 356-A-C] 1.2. The matters under the Official Secrets Act are very sensitive which required immediate action. The search and seizure of Army documents from the house of the appellant for the offences alleged against the F appellant under the provisions of the Act are very sensitive and pertains to the integrity and security of the co1;mtry. In view of the above fact, neither the search conducted in the presence of the independent witnesses not the investigation made by the investigating officer G becomes defective for want of search warrant to conduct the search in the house of the appellant. (Para 21] [356- D, E-G] 1.3. The finding recorded by both the courts below regarding search and seizure of the documents which H affect the integrity and security of the country is the SAFI MOHD. v. STATE OF RAJASTHAN 341 concurrent finding of fact rightly recorded by the High A Court after proper appreciation and appraisal of the evidence on record. The same cannot be interfered with by this Court in exercise of its jurisdiction. Even if the search is made by the Investigating Officer in illegal manner, the same does not affect the legality of the B search and investigation made by the Investigating Officer with regard to the seizure of the documents from the house of the appellant. From the evidence produced by the prosecution in the case in hand, it is clear that the documents of strategic importance to the Nation have c been recovered from the possession of the appellant and other accused and they have failed to give satisfactory explanation about the documents being in their possession. [Para 22] [357-C-F] 1.4. Recovery of Ex. D-3 from the house of appellant D is proved by the pros
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