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Judgment Search Results Home > Cases Phrase: official secrets act Page 1 of about 13,219 results (0.067 seconds)

Apr 01 1981 (HC)

Narendra Narottamdas Kapadia Vs. Central Bureau of Investigation and a ...

Court : Mumbai

Reported in : 1982(1)BomCR148; (1981)83BOMLR362

..... is the case of the police that the petitioner was one of the persons who received information and, therefore, the offender within the meaning of section 5(2) of the official secrets act. this is not altogether groundsless.31. the next ground taken is that the petitioner is not concerned with the alleged leakage. the allegation that the petitioner obtained information by going ..... the offence and not allow the application for anticipatory bail. in this connection shri bobade has equated the provisions of section 3 with the provisions of section 5 of the official secrets act. he has contended that though section 3 makes the offence punishable with 14 years' imprisonment and section 5 makes the offence punishable with imprisonment for three years; nonetheless, in the ..... the application of the petitioner for anticipatory bail should be granted.15. the learned advocate general has referred to section 2(2) as also sections 3 and 5 of the official secrets act and he has submitted that the type of information which is disclosed is not different under both these sections and therefore, both these sections on that basis are on pal ..... is punishable with only three years imprisonment, without reference to the offence under section 120-b of the indian penal code and the main offence being the offence under the official secrets act and the offence being of a nature which the legislature itself has considered to be of a lesser gravity, the petitioner should be released on bail. it may be stated .....

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Jun 15 1960 (HC)

State of Kerala Vs. K. Balakrishna and anr.

Court : Kerala

Reported in : AIR1961Ker25; 1961CriLJ80

..... an editor. he must certainly have been aware of the fact that the reception and premature publication of the budget matter is an offence coming within the purview of the official secrets act. the second accused is also a journalist with experience and therefore he too must have been aware that his getting clandestine copies of the budget proposals and its premature publication ..... our learned brother joseph, j. the question that arises for decision in this case is whether the premature publication of the state budget would amount to an offence under the official secrets act, 2. the 1st accused in this case is the editor, printer and publisher of a daily by name 'the kaumudi'. the second accused is its city correspondent. the compositor of ..... office such as, for instance, the office of the university or the corporation it would not be called an official secret but as a university secret or a corporation secret. but the term 'official' by itself has obtained the meaning attached to it in the official secrets act, and in our opinion that is the sense in which it would be understood by readers of this news magazine ..... the accused have therefore been rightly found guilty of the offences punishable under section 5(2) and section 5(1), sub-clause (b) of the official secrets act (act xix of 1923). 11. the next question is whether in the nature of the offence, it calls for enhancement of the sentence. we do not agree with the learned sessions .....

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Oct 25 1985 (HC)

Rama Swaroop Vs. the State (Delhi Administration) and ors.

Court : Delhi

Reported in : ILR1986Delhi191b; 1986RLR56

..... .(27) in the light of the aforesaid authorities, we have to amine the merits of the applications. first of all i am taking the case under the official secrets act. the relevant portion section 3 of the official secrets act reads as under : '3.(1) if any person for any purpose prejudicial to the safety or interests of the state- (a) ................................ (b) ................................ ..... motive. supreme court authorities : [1962]3scr622 are fully applicable and bail cannot be granted in view uf prima facie commission of the offences under section 3 of official secrets act punishable with maximum imprisonment of fourteen years. under these circumstances there is hardly any justification for the grant of bail. (34) further, from a combination of following ..... offences punishable under the provisions of official secrets act. (10) the arguments in respect of both the petitions were heard together. on october 3, 1985 when the arguments were started, on an application of delhi ..... file of cri. misc. ('main) 1114] 85. according to delhi police the documents which were recovered from the petitioner show serious violation of the provision of official secrets act relating to different policies of the government of india in different spheres including defense. thereforee, the police wan is to arrest the petitioner in respect of commission of .....

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Nov 30 1959 (SC)

The State Vs. Hiralal Girdharilal Kothari, D.P. Chadda and F.X. Jacobs

Court : Supreme Court of India

Reported in : AIR1960SC360; 26(1960)CLT278(SC); 1960CriLJ524; [1960]2SCR355

..... pardon has been tendered, could not be examined as an approver in the proceedings which are concerned only with an offence under s. 5 of the official secrets act read with s. 120-b of the indian penal code. 7. learned counsel for the appellant drew our attention to three cases in support of ..... tendered under that provision with respect to the three categories of offences mentioned therein and already indicated above and none other. as s. 5 of the official secrets act read with s. 120-b of the indian penal code does not fall within any of these categories no pardon can be tendered with respect to ..... thereupon there was a revision to the sessions judge who took the view that as the proceedings before the magistrate were under s. 5 of the official secrets act read with s. 120-b of the indian penal code and as no pardon could be tendered under s. 337 of the code of criminal ..... to examine mehra as an approver. thereupon the accused persons objected that as the proceedings before the magistrate were only under s. 5 of the official secrets act and s. 120-b of the indian penal code, mehra could not be examined as an approver and in consequence the case could not be committed ..... in the order of the additional district magistrate tendering pardon to mehra. thereafter owing to technical legal difficulties a complaint under s. 5 of the official secrets act read with s. 120-b of the indian penal code was filed against the persons involved and it was stated in that complaint that proceedings with .....

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Nov 16 1995 (SC)

Sama Alana Abdulla Vs. State of Gujarat

Court : Supreme Court of India

Reported in : AIR1996SC569; 1996(1)ALD(Cri)919; (1997)1GLR57; 1995(6)SCALE407; (1996)1SCC427; [1995]Supp5SCR279

..... offences punishable under sections 3(1)(a) and 3(1)(c) both read with section 9 and also under section 10 of the official secrets act, 1923, (hereinafter referred to as the 'act').2. rayna alimohamad hothi (accused no.2) was also tried along with the appellant but it is not necessary to mention the ..... is intended to be, directly or indirectly, useful to an enemy; or(c) obtains, collects, records or publishes or communicates to any other person any secret official code or pass word, or any sketch, plan, model, article or note or another document or information which is calculated to be or might be or ..... the legislature is 'if any sketch, plan, model, article, note, document or information relating to anything in such a place, or any secret official code or password is made, obtained, collected, recorded, published or communicated'. from the way the said sub-section is worded it becomes apparent that the ..... sovereignty and integrity of india, the security of the state or friendly relations with foreign states.the high court held that the word 'secret' in clause (c) qualifies only the words 'official code or pass word' and not 'any sketch, plan, model, article or note or other document or information'. the reason ..... court in sunil ranjan das v. the state 77 cwn 106 has also taken the same view. it has held that the word 'secret' in the said section qualifies official code or pass word and not any sketch, plan, model, article or note or other document or information. this is clear from the .....

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Feb 23 1990 (HC)

Nirmal Puri Vs. Central Bureau of Investigation and anr.

Court : Delhi

Reported in : 40(1990)DLT542

..... khanna received the said information in pursuance of the criminal conspiracy knowing fully well that the same have been obtained bp contravening the provisions of the official secrets act, 1923. the disclosure of the said secret/classified/official information to unauthorised persons or agents is likely to jeopardise the sovereignty and integrity of india or the security of the state. (4) according to ..... 1985, was arrested on january 6, 1989. the petitioner is being prosecuted for offence under section 120b read with section 3/5 of the official secrets act 1923 and substantive offences under sections 3/5 of the said act. (2) the facts as disclosed in the f.i.r. in brief are that the petitioner and mr. vinod khanna, chairman, concorde ..... sets. (3)the requirement for 1000 simulators. the signing of the contract in the end of may 1985 in respect of 60 sim fire sets. (3) the aforesaid secret/classified/official/unpublished information so obtained was passed on by the petitioner to mr. vinod khanna. it was also communicated by the petitioner to mr. khanna that the present communication sets ..... foreign firms like saab, missiles, saab instruments, m/s. misar spa etc, entered into a criminal conspiracy sometimes in 1984 at delhi with the object to obtain/collect secret classified official unpublished records of the army headquarters regarding its vital requirements of tanks and communication sets etc. in pursuance of the said criminal conspiracy the petitioner obtained/collected following .....

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Aug 08 2003 (SC)

The Government of N.C.T. of Delhi Vs. Jaspal Singh

Court : Supreme Court of India

Reported in : 2003(2)ALD(Cri)810; 2003(2)ALT(Cri)351; JT2003(7)SC302; 2003(6)SCALE181; (2003)10SCC586; 2003(2)LC1288(SC)

..... custody was one year, six months and 20 days, we modify the sentence of two years each already imposed by the trial court under section 3(1)(c) of the official secrets act, 1923 and section 120b, ipc, to the sentence already undergone by him. the fine imposed remains unaltered. appeal allowed, subject to the modification of the sentence of imprisonment alone, as ..... -4, by allowing crl. appeal no. 248 of 2003 and restore the judgment of learned additional sessions judge, new delhi, convicting him for offences under section 3(1)(c) of official secrets act, 1923 and section 120b, ipc. 14. so far as the quantum of punishment is concerned, though having regard to the nature and character of the offences, stringent punishment is required ..... the statutory presumptions to be drawn from the facts and that this would make all the difference in the nature of consideration required in respect of offences committed under the official secrets act, 1923 and the criminal conspiracies relating to such offences, be it punishable under section 120b, ipc. for all the reasons stated above, we are satisfied that the verdict of acquittal ..... elaborate judgment dated 24.7.1985 convicted them and imposed sentence as hereunder: accusedconviction u/ssentence imposed accused no.1a) sec. 3(c) of the official secrets act, 1927.10 years r.i.b) sec. 5(b) of the official secrets act, 1927.2 years r.i.c) section 120b ipc2 years r.i. with fine of rs.1000/- (3 months si in default)d) section .....

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May 30 1986 (HC)

V.K. Palaniswamy Vs. State

Court : Delhi

Reported in : 30(1986)DLT143

..... of the learned counsel for the accused is that the case of the petitioner falls in second part of section 3(1) of the official secrets act and the secrets so far as the present applicant is concerned docs not relate to matters of defense or otherwise in relation to navy, air force and ..... should exercise a greater degree of care in enlarging on bail an accused who is charged with the offence punishable under section 3 of the official secrets act when it relates to military affairs. i have also gone through the decisions of this court in gurcharan singh v. state {delhi administration) ..... 1211. jn para 9 of the judgment, e.s. venkataramiah, j. observed as under ; 'the offence punishable under section 3 of the official secrets act, 1923 with which the respondent is charged relates to military affairs and it is punishable with imprisonment which may extend to fourteen years. this court in ..... army, navy or air force, will prima-facie not bring the information in relation thereto under the first part of section 3(1) of the official secrets act. (6) however, the documents relied upon relates to shipping development fund committee meeting, (7) mr. mathur, learned counsel for the applicant also ..... kayrohanandar, ex-senior personal assistant ministry of shipping and transport for bail in relation to the trial of offeree under section 3 of the official secrets act read with section 120-b, indian penal code in coomar narayan's case. the allegation in the complaint filed on behalf of the prosecution .....

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Apr 29 1980 (HC)

Bhagwan Singh Vs. the State

Court : Delhi

Reported in : ILR1980Delhi1487

..... on august 30, 1979 by shri p. l. singla, addl sessions judge, delhi, in respect of commission of offences punishable under sections 3 and 5 of the official secrets act (hereinafter referred to as the act) and was sentenced on september 1, 1979 to undergo rigorous imprisonment for ten years and for two years respectively. he was further convicted in respect of commission of ..... which he was allowed to be taken along by shri g. q. bhatti.(4) subsequently, the residential house of the appellant was searched, as a result of which two more secret official documents were recovered. the appellant was interrogated by the police.(5) on november 8, 1978 appellant was produced in the court of shri r. k. dham, metropolitan magistrate (p.w ..... ladies park. the appellant and said mohd gustaf rana started conversation and thereafter former handed over some envelopes to the latter. both of them were apprehended by raiding party. official document containing secrets of air force.were,recovered from mohd gustaf rana and inter-alia the said documents .were as under : 1.one open cover addressed to air hdqrs ea.3, r ..... was suggested that sentence be reduced to one already under gone.(34) but the offence is very serious. for his own personal ends the appellant had been selling secret information in the hands of officials of a country of pakistan who had been on war with india. the appellant is obviously an enemy of the country, in the garb of a friend .....

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Apr 30 2001 (HC)

Maj. Gen.(Retd.) F.D. Larkins, Avm (Retd.) K.H. Larkins and Lt. Col (R ...

Court : Delhi

Reported in : 2001IVAD(Delhi)1018; 92(2001)DLT5; 2001(60)DRJ833; 2001(2)JCC193

..... or even seasons greeting cannot ipso facto prove a conspiracy or be relevant as conduct fasten liability under the official secrets act. i, thereforee find it difficult to uphold the judgment of the learn additional sessions as regards this accused.37. in the result, i allow criminal appeal no.175 of and ..... cards would definitely show the activities of a-4 to be part of the conspiracy to supply sensitive material to foreign agents making him guilty under the provisions of the official secrets act as also member of the conspiracy. i am afraid, i cannot be persuaded to accept this submission. the mere recovery of invitation cards, visiting cards, wedding cards or birthday cards ..... -3 was an employee. this telephone directory is a restricted document. none of these pieces of evidence taken by itself satisfies the requirement of section 5 or 6 of the official secrets act. this mater may or may not be actionable under some other provision of law, but certainly cannot bind this accused to the actions of a-1 and a-2. the ..... on the different issue cards and registers etc. for comparison to the government handwriting expert.16. statements of different witnesses were recorded. requisite sanction under section 13(3) of the official secrets act was obtained for launching prosecution against the four accused persons.17. on 27.1.1984, a formal complaint under sections 13(3), 3, 5, 6 and 9 of the .....

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