Mohammad Tayib vs State of Punjab

Kanwaljit Singh Ahluwalia, J.—Today, Criminal Misc. No. 31546 of 2010 for suspension of sentence, awarded upon the Appellant, during pendency of the appeal, is listed.

Learned Counsel for the Appellant has submitted that the Appellant was named as an accused in case FIR No. 199 dated 19.12.2000, registered at Police Station Government Railway Police, Amritsar, u/s 3 of the Official Secret Act, 1989 (hereinafter referred to as "the Act"). He has further submitted that the Court of Additional Sessions Judge (Ad hoc), Fast Track Court, Amritsar, vide its judgment dated 4.3.2005, held the Appellant guilty of offence u/s 3(1)(c) of the Act and vide a separate order of even date, sentenced him to undergo rigorous imprisonment for a period of eight years. He has further submitted that the Petitioner is a very poor person and has actually undergone six years and four months, out of sentence of eight years rigorous imprisonment, awarded by the trial Court. Learned Counsel has prayed that the appeal be taken on board and only reduction in sentence, awarded upon the Appellant, be considered by this Court as he will not assail his conviction. He has further submitted that sentence of eight years rigorous imprisonment, awarded upon the Appellant, be reduced to that of six years four months, the period already undergone by him.

With the consent of learned Counsel for the Respondent-State, appeal is taken up on board for final hearing and disposal as learned Counsel for the Petitioner has submitted that after going through the prosecution evidence, he will not be able to persuade this Court to formulate a view other than the one formulated by the trial Court, except for reduction in the sentence.

The case set out by the prosecution is that on 18.12.2000, PW.1, Gian Chand, Assistant Sub Inspector, Incharge, PCP Attari Rail along with his companion police officials was present at Platform No. 2 in connection with security arrangement. At about 9.45 P.M., Sanjeev Sharma, Customs Inspector, had produced a memo, written in English having four leaves, Indian Passport No. A.6616633 dated 4.12.1998 valid till 3.12.2008 along with Appellant Mohammad Tayib. The four leaves of paper contained a written material which was suspected to be a threat to the sovereignty of the country. It contained the report of Military Intelligence. Had it fallen in the hands of the enemy or an unauthorized person, it would have jeopardized interest of the nation. The trial Court has relied upon the testimony of PW.3 Lieutenant Colonel (Retd.) Rajinder Singh, who was then posted as Officer Commanding 15 Infantry Division, C/o 56 A.P.O., who proved the certificate Ex.P7 dated 19.12.2000 and report Ex.PW.3/A contained highly sensitive secret information containing official code signs, secret codes, passwords and the information related to Indian Army and had it fallen to the hands of the enemy, it would be prejudicial to the security arrangement.

Since learned Counsel for the Appellant has not assailed the testimony of this witness, this Court is of the view that the conviction recorded by the trial Court is to be upheld.

Learned Counsel for the Appellant has submitted that the Appellant is in custody since 19.12.2000 and he is suffering from protracted trial and remained in jail also during trial.

Taking into account the aggravating circumstance that the Appellant was involved in the activities which were prejudicial to the interest of nation and also the mitigating circumstance that during the period of bail, the Petitioner has not misused it concession and had not renewed his activities for which he was convicted, this Court is of the view that the ends of justice will be fully met in case sentence of eight years rigorous imprisonment, awarded upon the Appellant u/s 3(1)(c) of the Act, is reduced to that of seven years.

With the modifications in the sentence, awarded upon the Appellants, the present appeal is dismissed.

Since the present appeal has been dismissed with modification in the sentence, no further orders are required to be passed in Criminal Misc. No. 31546 of 2010 and the same is also dismissed.