Fareed Ahmed vs The State ( Govt Of Nct Delhi) on 4 March, 2016

1. Petitioner seeks bail in FIR No. 166/2015 under Section 3/9 of
Official Secrets Act, 1923 registered at Police Station Crime Branch,
by filing the present petition under Section 439 of Code of Criminal
Procedure, 1973 (hereinafter referred to as the Cr. P.C.).

2. As per prosecution, the petitioner is involved in providing secret
information to co-accused who used to forward the same to Pakistan
based intelligence operatives (PIO), for monetary gains. The
prosecution case, in nutshell, is that on meeting a secret informer met
the Duty Officer, PS Crime Branch, Malviya Nagar, Delhi, in the
office of ISC, Crime Branch Chanakyapuri, Delhi, and he gave
information regarding anti social activites supported by Pakistan based
Bail Appl. No.431/2016 Page 1 of 6
intelligence operatives (PIO). As per the informant, the PIO is having
an Indian handler who is collecting information regarding the
deployment of army and BSF in Jammu & Kashmir and passing the
same across the border which can be hugely detrimental for national
security. The handler is believed to have a pan India network of
informers who comprise of security personnel. Being a matter of
national security, the concerned mobile number was taken on
interception and two characters namely Kafaitullah Khan and Abdul
Rasheed have surfaced. As per intercepts Kafaitulla Khan is based in
Rajouri District of Jammu & Kashmir and Abdul Rashid is serving in
border security force and working as per the instructions of PIO.
Abdul Rasheed is passing on secret information to Kafaitullah Khan in
lieu of money. The said information obtained can be directly or
indirectly used by enemy country. Accordingly they have committed
prima facie an offence under Section 3/9 of the Official Secrets Act,
1923.

Source: Indian Kanoon

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