The same thing happened in February 1956, with respect to the budget proposals for 1956 57.
Thereafter, pardon was tendered to A. L. Mehra by the Additional District Magistrate on March 23, 1956, under s. 337 of the Code of Criminal Procedure.
The brief facts necessary for the purpose are these There is a Government Printing Press at Rashtrapati Bhavan known as Rashtrapati Bhavan Printing Press which is located in the Presidents estate in New Delhi.
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 numberpardon companyld be tendered under s. 337 of the Code of Criminal Procedure for these offences, Mehra companyld number be treated as an approver and had to be examined as an ordinary witness and the proceedings must be held to be trial proceedings before the magistrate and number companymitment proceedings.
Consequently the proposals were divulged to D. P. Chadda and were passed on to certain businessmen of Bombay, including Nandlal More and Hiralal G. Kothari through one A. L. Mehra.
Jacobs was the General Foreman of this Press.
This was discovered on March 9, 1956, and a case was registered under s. 165 A of the Indian Penal Code, s. 5 2 of the Prevention of Corruption Act, s. 5 of the Official Secrets Act and s. 120 B of the Indian Penal Code and investigation started on March 10, 1956.
Every year the budget proposals are printed at this Press under the supervision of Jacobs.
The four offences mentioned above were specified in the order of the Additional District Magistrate tendering pardon to Mehra.
In the companyrse of these proceedings before the magistrate, the prosecution wanted 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 companyld number be examined as an approver and in companysequence the case companyld number be companymitted to the Court of Session but should be disposed of by the magistrate himself.
Wanchoo, J. These three appeals arise out of three certificates granted by the Punjab High Court in a criminal matter.
