Special CBI Judge Manoj Jain rejected the application moved by former employee of Ordnance Supply Directorate, P Sasi, who had allegedly violated the provisions of OSA by passing out sensitive defence-related information to the representatives of web portal Tehelka.Com which had conducted a sting operation posing as London-based arms dealers.
The accused has sought discharge in the case on the ground that the charge sheet was filed by the CBI on April 14, 2007 and the cognizance of the offences was taken by the court on December 1, 2007.
Sasi's counsel had contended that the alleged offences are punishable with imprisonment for a term which can extend to three years and as per section 468 of CrPC, no court can take cognizance of such offences after the expiry of period of limitation of three years after commission of the crime.
He added that the web portal had conducted the sting in 2001 and the period of limitation had already expired in March 2004, so he should be discharged.
The court, however, dismissed his plea saying that, "The documents in question were admittedly seized by the CBI on December 21, 2004 and that day certainly, CBI must have learnt about commission of offence under Official Secret Act.
"Thus the important date is found to be of December 21, 2004 when the documents in question were seized and the limitation period has to start with effect from December 21, 2004," the court said, adding that the agency had acquired "actual awareness" about the commission of offence only on December 21, 2004.
Sasi's name first came up in the Tehelka sting operation when he was caught on camera allegedly accepting money from scribes posing as defence suppliers from a UK-based fictitious firm. He was suspended from service after he was allegedly exposed on March 13, 2001. (More)
