MANU/DE/2182/2020

True Court CopyTM

IN THE HIGH COURT OF DELHI

Crl. Rev. P. 363/2020

Decided On: 04.12.2020

Appellants: Rajeev Sharma Vs. Respondent: State (NCT) of Delhi

Hon'ble Judges/Coram:
Yogesh Khanna

DECISION

Yogesh Khanna, J.

(Through Video Conferencing)

1. Heard.

2. Before adverting to the issue involved, let me state the brief facts as alleged in the petition:-

a) a secret input from Indian intelligence Agency was received that Mr. Rajeev Sharma R/o SG-2, St. Xavier Apartment, Pitampura, New Delhi, is having links with Foreign Intelligence Officers and he has been receiving funds from his handler through illegal means & Western Union Money Transfers platform, for conveying sensitive information (having bearing on National Security & Foreign relations), to his handler based abroad, through electronic means. A case Vide FIR No. 230/2020, dated 13.09.2020, u/s. 3/4/5 Official Secrets Act, PS Special Cell, Delhi was registered and investigation was taken up;

b) During the investigation, Rajeev Sharma s/o Lt Sh. Rattan Lal Sharma r/o SG-2, Pitampura, New Delhi, was arrested on 14.09.2020 from Main Mathura Road, near Pillar No 172, Near Patel Nagar Metro Station, the arrest of accused Rajeev Sharma all the guidelines of Hon'ble Supreme Court of India were followed and the information of his was passed on to his wife Mrs. Pratima Vyas, though mobile phone call, mobile phone of accused Rajeev Sharma was also seized. Further during the search of the house of the accused Rajeev Sharma, several articles and some sensitive/confidential documents related to Indian Defence department were recovered at the instance accused Rajeev Sharma. The same were seized;

c) During further investigation, it was revealed that accused Rajeev Sharma has been indulged in procurement secret/confidential/sensitive documents/material information and rather conveying the same to his handlers (Chinese Intelligence officers) based in china. In lieu of that he was getting remuneration/money through illegal means i.e. hawala transactions/funds routed through shell companies being run/operated by Chinese nationals, in Delhi, India;.

d) During further investigation it was that accused Rajeev Sharma was in contact with these officers namely Michael, Xou and George through emails platforms i.e. Telegram, Whatsapp etc. Accused Rajeev Sharma was conveying the information to these Chinese intelligence Officers and was receiving the illegal funds through illegal means/shell companies being operated in Mahipalpur, Delhi by the Chinese nationals on the direction of Chinese intelligence officers;

e) Letter was moved to Military Intelligence, to verify and report regarding the recovered during search of house of accused Rajeev Sharma, in this regard from Director General Military Intelligence has As per the report-The documents are CLASSIF! vide Para 9 of Classification & handling of classified documents (CHCD)-2001 issued vide Military Intelligence-11 letter Number A/38020/MI-11 dated July 2001, and the person i.e. accused Rajeev Sharma was having the unauthorized possession of the said documents. Further it was also mentioned by the DGMI that any unauthorized disclosure of content of these documents could be expected to cause damage to National Security or could be prejudicial to the National Interests or would embarrass the Government in its functioning and the contents contained in documents are directly or indirectly connected with security matters country;

3. Accused Rajeev Sharma on 14.11.2020 had moved a petition under Section 167(2) Cr.P.C. in the Court of learned CMM/Ld Duty Magistrate to release him, on the ground that 60 days period having expired since his arrest and charge sheet not been filed by the State, thus, relying upon the judgment of Supreme Court of India, in the case of "Rakesh Kum........