- (1.) FOUR persons. F. X. Jacobs (hereinafter referred to as Jacobs), Davinder Pal Chadha (hereinafter referred to as Chadha), Nand Lal More (hereinafter referred to as More) and Hira Lal Kothari (hereinafter referred to as Kothari) were tried in the Court of the Additional Sessions judge, Delhi, under Section 120-B, Indian Penal Code, for, along with A. L. Mehra (P. W.), entering into an agreement during the period between February, 1955, and February, 1956, to wilfully communicate and voluntarily receive the budget proposals of the Union of India for the year 1956-57 in contravention of the Indian Official Secrets Act, 1923 (Act No. XIX of 1923 ). Jacobs was further charged under Section 5 (4) of the Indian Official Secrets Act for having wilfully communicated the budget proposals; which had been entrusted to him as a government official to Chadha Chadha was also charged under Section 3 (4) read with Section 5 (2) of the aforesaid Act for having voluntarily received from Jacobs the budget proposals for the year 1956-57 knowing that the said proposals were being communicated in contravention of the aforesaid Act. Chadha was further charged under Section 5 (4) read with Section 5 (1) (c) of the above Act for having in his possession secret information regarding budget proposals for the year 1956-57 which had been obtained by him in contravention of that Act. Another charge under Section 5 (4) read with Section 5 (4) (a) of the above-mentioned Act was framed against Chadha for having wilfully communicated the budget proposals of the Union of India for 1956-57 which he had voluntarily received from Jacobs in contravention of the Act. Kothari and More were also charged under Section 5 (4) of the Indian Official Secrets Act for having voluntarily received from Chadha the budget proposals of the Union of India for the year 1956-57 knowing that the said proposals were being communicated in contravention of the Indian Official Secrets Act. They were further charged : under Section 5 (4) read with Section 5 (1) (c) of the above Act for having in their possession the secret information regarding the budget proposals. The learned Additional Sessions Judge, Delhi, convicted all the four accused under Section 120-B of the Indian Penal Code and sentenced each of them to rigorous imprisonment for a period of one year. Kothari and More accused were further ordered to pay a fine of Rs. 25,000/each or in default to undergo rigorous imprisonment for: a further period of three months. Jacobs was also convicted under Section 5 (4) of the Indian Official Secrets Act read1 with Section 5 (1) (a) of the said Act and was sentenced to undergo rigorous imprisonment for a period of two years. Chadha Accused was also convicted under Section 5 (4) read with Section 5 (2) of the above-mentioned Act and was sentenced to undergo rigorous imprisonment for a period of two years. The other offences, for which Chadjia, Kothari and More had been charged, were held not to have been established. The substantive sentences of imprisonment awarded to Jacobs and Chadha were directed to run concurrently.
(2.) MORE, Chadha, Kothari and Jacobs have filed criminal appeals Nos. 87-D, 90-D, 91-D and 97d of 1961 respectively against their conviction. The State too has filed criminal appeal No. 104d of 1961 against the acquittal of More and Kothari for the Chadha sent greeting card (Exhibit P. O. /20) to and Section 5 (1) (c) of the Indian Official Secrets Act, 1923. This judgment would dispose of all the appeals.
(3.) THE prosecution case is that during the years 1955 and 1956 the annual budget proposals of the Central Government used to be printed' is Rashtrapati Bhavan and was situated in the President's Estate, New Delhi. Jacobs accused was the General Foreman of the Press. Jacobs has a daughter whose name is Miss Yvonne Jacobs. She lised previously to work at a, skating rink in New Delhi, Chadha accused started visiting that rink in the end of 1954 along with his friend Satish Nagpal. Salish Nagpal then introduced Miss Jacobs to Chadha. Through Miss Jacobs, Chadha came to know her father namely, Jacobs accused. Chadha also started visiting the residential quarter of Jacobs accused which was situated in President's Estate. Chadha accused in those days was the Assistant Secretary General of the Indian Council of Youth and was also working as a Public Relations Officer of Auto India Co-operative Supply Society Limited, New Delhi, K. S. Sobti (P. W.) was the General Manager of the aforesaid Company as well as of Auto India Travels, which seems to have been subsidiary concern of this Company. On the suggestion of Chadha, K. S. Sobti employed Miss Jacobs as a Receptionist in Auto India Travels on a monthly salary of Rs. 100/-/ -. Jacobs accused felt obliged to Cbadha on that account and in the middle of February, 1955, Chadha was invited to the residence of Jacobs on the occasion of the birthday party of Miss Jacobs. Chadha then made a present of a saree and a bottle of whisky.;