The panch witness did number support the prosecution.
Therefore, the learned Sessions Judge acquitted the appellant and also accused No.2 who was tried along with him.
During interrogation it was revealed that since about 4 years they used to companye to India, meet Alana accused No.1 and two other Indian nationals and obtain information useful to Pakistani intelligence.
In order to prove the recovery of map Ex.66 from the house of the appellant, the prosecution examined a panch witness in whose presence the said map was recovered and the two Police Officers who were the members of the raiding party, namely, Police Inspector B.B. Dwivedi and P.S.I. Gohil.
On 2.6.1986 Rayna accused No.2 was arrested while crossing the Indian Border along with two other Pakistani nationals.
Therefore, on 4.7.1986, Police Inspector B.B. Dwivedi obtained warrants under section 11 2 of the Act for searching houses of the said three Indian nationals.
Then they searched the house of the appellant and found therefrom a map Ex.66 prepared by the BSF, showing a section of an underground pipe line companystructed for carrying water from Bhuj to Khavda Border for the Army and BSF personnel.
As he was found involved in companylecting and or obtaining a map of the type referred to in section 3 1 c and supplying the same to the said Pakistani nationals who were involved in the activity of spying and as was also found harbouring accused No.2 he was charged and tried for the offences for which he has number been companyvicted.
Police Inspector B.B.Dwivedi and the raiding party first searched the residence of Rayna Sahab but numberhing was found.
NANAVATI,J. This appeal is directed against the judgment and order dated 13.8.1991, passed by the High Court of Gujarat in Criminal Appeal No.147 of 1990.
