1995 (11) TMI 449 - SC - Indian Laws

Summary

Issues involved:
The judgment involves the conviction of the appellant under sections 3(1)(a), 3(1)(c), and 10 of the Official Secrets Act, 1923, based on the recovery of a map from his house, and the interpretation of whether the document needed to be secret for the offense under section 3(1)(c).

Details of the Judgment:

Issue 1: Possession of the Map
The High Court convicted the appellant based on the recovery of the map (Ex.66) from his house, indicating his involvement in supplying information to Pakistani nationals engaged in spying. The prosecution's evidence, including police witnesses and the explanation for selecting Panch witnesses, was deemed sufficient by the High Court to establish the appellant's conscious possession of the map. The appellant's absence during the raid was not considered a hindrance to proving his possession. The court also noted the lack of explanation from the appellant regarding the map's possession, leading to the presumption that he obtained it for purposes prejudicial to the State's safety or interests.

Issue 2: Interpretation of Section 3(1)(c)
The appellant contended that the High Court erred in interpreting section 3(1)(c) by holding that the document need not be secret for the offense. The High Court, supported by the Gujarat High Court and Calcutta High Court precedents, clarified that the term "secret" in this section only applies to "official code or pass word" and not to other documents like sketches, plans, models, or notes. The legislative intent, as reflected in sub-section (2) of section 3, further reinforced that the qualifier "secret" pertains specifically to official codes or passwords. Consequently, the appellant's argument on this interpretation was rejected, affirming the correctness of the High Court's decision.

In conclusion, the Supreme Court upheld the High Court's judgment, dismissing the appeal and affirming the appellant's conviction under the Official Secrets Act based on the possession of the map and the correct interpretation of the relevant legal provisions.