https://www.taxtmi.com/caselaws?id=175976 Where alleged possession, retention and attempted removal of defence-related documents arose from acts connected with service in the Indian Navy, prior sanction under Section 197(2) CrPC was held necessary before prosecution could proceed against a retired armed forces member. The Court also treated the prosecution authorisations under the Official Secrets Act and the Atomic Energy Act as invalid because they were not shown to have been properly issued or applied with real scrutiny to the material relied on. It further held that a court must be specially empowered to try offences under Section 13(1) of the Official Secrets Act, and absent such empowerment the trial lacked jurisdiction. In those circumstances, discharge was corrected to acquittal. en-us Sat, 12 Oct 1991 00:00:00 +0530 Wed, 09 Dec 2015 16:29:05 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=175976 Where alleged possession, retention and attempted removal of defence-related documents arose from acts connected with service in the Indian Navy, prior sanction under Section 197(2) CrPC was held necessary before prosecution could proceed against a retired armed forces member. The Court also treated the prosecution authorisations under the Official Secrets Act and the Atomic Energy Act as invalid because they were not shown to have been properly issued or applied with real scrutiny to the material relied on. It further held that a court must be specially empowered to try offences under Section 13(1) of the Official Secrets Act, and absent such empowerment the trial lacked jurisdiction. In those circumstances, discharge was corrected to acquittal. Case-Laws Indian Laws Sat, 12 Oct 1991 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=175976