CBI sources said an intimation has been received from the Defence Ministry stating that some documents in the tranche provided by Allen were 'secret' as per OSA.
They said in order to register a case under OSA, the agency would require a formal complaint which has not yet been received from the Ministry.
The sources said they would file a case only after discussing the matter with the Ministry although they have been informed that six documents were secret.
US-based attorney C Edmond Allen, who was a business associate of Verma, had provided sets of documents which deal with aquisition and future plans of the defence forces to CBI and other investigating agencies.
Allen and Verma have been engaged in litigations over alleged souring of business relations. Verma had filed a case against Allen accusing him of cheating him of Rs 55 crore and forging documents to defame him. A litigation between the two is going on in the US as well.
On the other hand, Allen had sent complaints of alleged money laundering and other related crimes against Verma to various investigating agencies of India as well as the US.
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CBI has already booked Verma and his Romanian wife Ancea Neascu for allegedly taking USD 5.30 lakh from Swiss firm Rheinmetall Air Defence AG for using his "influence" to stall the blacklisting proceedings initiated by the government against it after the Ordnance Factory Board scam had surfaced. Both are currently in judicial custody.
The agency has on Wednesday slapped a case of alleged forgery against him as well.