Rajive Bhalla, J. - (1.) BY way of this judgment, we shall decide three appeals, i.e., Criminal Appeal No. -D -21 -DB -2012 Randhir Singh v. State of Punjab; Criminal Appeal No. D -188 -DB -2012 Naib Singh and two others v. State of Punjab and Criminal Appeal No. -D -676 -DB - 2012 Sukhdev Singh v. State of Punjab. The appellants, before us, have been convicted and sentenced as follows: - - "All the appellants, including Naib Singh have been convicted U/s 3 of the Official Secrets Act, 1923 (hereinafter referred to as the "Act") and sentenced to undergo rigorous imprisonment of 14 years and to pay a fine of ' one lac, each. In default of payment of fine, to undergo further imprisonment of four years each. All the appellants have been convicted U/s 5 of the Act and sentenced to undergo 07 years of rigorous imprisonment and to pay a fine of Rs. 50,000/ -, each. In default of payment of fine, they were directed to undergo further imprisonment of 1 -1/2 years each. Naib Singh has also been convicted under section 489 -C IPC and sentenced to undergo rigorous imprisonment of 7 years and to pay a fine of Rs. 50,000/ -. In default of payment of fine, to undergo further imprisonment of one year. It is also ordered that substantive sentences shall run concurrently."
(2.) THE case, as set up by the prosecution, is that Balbir Singh, Inspector, State Special Narcotic Cell, Punjab, Amritsar received secret information on the night of 18.3.2009 that Naib Singh son of Bachittar Singh, Sukhdev Singh @ Bhola son of Ajaib Singh, Baldev Singh son of Sauda -gar Singh and Randhir Singh @ Dhira son of Joginder Singh deal in fake currency, procured through the Indo -Pak border. The secret informer stated that Naib Singh and Sukhdev Singh have visited Pakistan a number of times and have developed relations with a secret agency of Pakistan, which supplies fake currency and in exchange, they provide information relating to the Indian Army, like photographs, maps etc. Naib Singh etc. have also developed cells in the Indian Army and are in constant touch with Pakistani agencies, through telephone and internet. The secret informer also stated that he can identify these persons. Inspector Balbir Singh passed on to the information to P.K. Rai, IPS, SSP -SNC, Punjab, Amritsar, who passed on the information to his higher officers. A plan was put into place to arrest the suspects. Jaskaran Singh, PPS, AIG/CI, Jalandhar, Pritpal Singh Virk, PPS, AIG/CI, Patiala, Prithipal Singh, PPS, DSP/CI, Ludhiana, were directed to reach Faridkot and Ex. P1, a ruqa, was forwarded to the police station which led to registration of FIR No. 09 dated 18.3.2009 under Sections 489 -A/489 -B/489 -C IPC and 3, 4, 5, and 9 of the Act, at 4.30 A.M. After registration of the FIR, they proceeded to Faridkot, where raiding parties were constituted. The appellants were arrested from a garden on 18.3.2009.
(3.) A personal search of appellant Naib Singh led to recovery of fake currency notes, photos of vehicles of Indian Army, secret code etc. The personal searches of appellants Baldev Singh, Sukhdev Singh and Randhir Singh also led to recovery of various official/restricted/prohibited documents and photographs After their arrest and interrogation, all the accused suffered disclosure statements on 19.3.2009 leading to recovery of various incriminating/prohibited documents, pen of invisible ink, sim card of Pakistan, movie camera, maps, CPU, Mouse, UPS, CD, etc. Naib Singh and Sukhdev Singh produced their respective passports which were taken into possession. The passports contain entries showing Naib Singh and Sukhdev Singh had visited Pakistan. The case property along with all relevant documents were deposited with the moharrir head constable.;