Arun Kumar Bhattacharya, J. - (1.) The hearing stems from twin appeals being Nos. C.R.A. 490/2001 and C.R.A. 11/2002 preferred by convicts Md. Yaqub and Aloke Biswas @ Bapi respectively against the judgment and order of conviction and sentence passed by the learned Sessions Judge, Xth Bench, City Sessions Court, Kolkata in Sessions Case No. 77/2000 [S. T. 1(11) 2000] on 18.10.2001.
(2.) The miniaturised version of the prosecution is that on receipt of an information regarding a deep-rooted conspiracy being hatched in certain vulnerable pockets in Dum Dum P.S. area to de-stabilize the internal security of India and anti-Government network to wage war against the Government of India by maintaining direct liaison with the Pakistani militant outfits, the de facto complainant Inspector Debabrata Sarkar of I.E., West Bengal with Inspector D. Mukherjee, S. I. A. Nandy & S. I. A. K. Kundu under the direct supervision of Sri D. N. Mukherjee, D. S. P., I. B. detained one Ahmed Ali @ Ranjit @ Tapan Dey of village Taragonia, P.O. Medirbath, P.S. Rajapur, Dist. Jhalokati, Bangladesh at Gorabazar under P.S. Dum Dum on 15.09.1999 at about 21.45 hrs. On interrogation the said Ahmed Ali disclosed that he is a Pakistani agent, engaged by the Pakistani militant outfits to cause sabotage, espionage, communal disharmony and terrorism thereby to wage war against India and that he being a Pakistani spy used different telephone booths to contact his Pakistani secret agents and to receive instruction from them to materialize his anti-Indian activities and in the process he contacted several persons in and around Calcutta and outside. In course of follow up action, on searching his rented premises at 30, N. N. Mukherjee Road, Subhasnagar, P.S. Dum Dum, Calcutta-65, some incriminating documents relating to the Ministry of Defence, Govt. of India, Bangladeshi Currency, small notebooks and other documents being produced by him were recovered and seized wherefrom it was revealed that he and his associates were spying against India and contemplating to cause total security hazard throughout the country by way of terrorism, sabotage and subversive activities. On interrogation, he disclosed the names of other accused persons viz Asit Ponda, Smt. Lakshmi Priya Ponda, Aloke Biswas @ Bapi, Md. Yaqub, Abdul Aziz Khan, Mrinal Poddar, B. P. Singh and Biren Das who were subsequently arrested from different places and some more defence documents were recovered from the house of accused Aziz Khan and Asit Ponda. Accused Ahmed Ali, Mrinal Poddar, Aloke Biswas @ Bapi, Md. Yaqub, Asit Ponda and Lakshmi Priya Ponda made confessional statements under section 164 Cr. PC. Hence, all the nine accused persons were charged under sections 121/121A/124A/124A read with section 120B IPC and under sections 3, 4 & 5 of the Official Secrets Act, and in addition accused Ahmed Ali and Aloke Biswas @ Bapi were charged under section 419 IPC.
(3.) The defence case is a complete denial of the allegations.;