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Espionage Case Mumbai-Judgement

Espionage Case Mumbai-Judgement

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Published by Sampath Bulusu
Sessions Court at Mumbai convicted Javed Abdul Ghafoor Mozawala for passing on secrets relating to Western Naval Command, Mumbai, Navy facility in Lonavla, Bandra Worli Sea Link Navy area and Koyna dam in Satara district to Pakistani's Inter Services Intelligence agency. He was convicted under Sections 468 and 469 of Official Secrets Act. The Crime Branch however failed to prove his complicity under Sec 120B IPC (criminal conspiracy). On December 8, 2010, Javed Abdul Ghafoor was arrested by crime branch from Mazgaon dock area. Mozawala used to stay in flat number 103A, in the A wing of Infiniti Towers.

Police alleged that he had completed recce of defence installations in Mumbai. The crime branch found desktop computer, disc drive, five DVDs, two pencil drivers, a cellphone, several SIM cards and pictures of defence installations torn from magazines.

Several fake job identity cards and phone numbers of senior defence officers were also found from his residence. The seized items were sent to the state forensic lab at Kalina.

A class 12 pass out, Mozawala was well versed in English and used to work as a visa agent. People intending to go on Haj and meet their relatives in Pakistan used to meet Mozawala for visas. According to prosecution, two senior officials in Pakistan High Commission Abdul Bhatti and Jamal Bhatti initially rejected visa applications sent by Mozawala, after which the latter met the two officials, who lured him to send info about defence installations.

In his confession, Mozawala admitted having passed over info about defence installations to the two Pakistani High Commission staff. He had close ties with a former MLA staying near Colaba Kent.

Crime Branch filed its 550-page chargesheet in March 2011, after which the trial went on and the verdict came today. The two Pakistan High commission officials Abdul Bhatti and Jamal Bhatti were also made accused, but they absconded to their country.

Mojawala's Arabic tutor Faqir Mansoor Ali gave a statement to the magistrate that he had delivered some documents twice or thrice to the Pakistan High Commission in Delhi on behalf of Mojawala. According to prosecution, the envelopes contained photographs of defence installations and some secret documents.
Sessions Court at Mumbai convicted Javed Abdul Ghafoor Mozawala for passing on secrets relating to Western Naval Command, Mumbai, Navy facility in Lonavla, Bandra Worli Sea Link Navy area and Koyna dam in Satara district to Pakistani's Inter Services Intelligence agency. He was convicted under Sections 468 and 469 of Official Secrets Act. The Crime Branch however failed to prove his complicity under Sec 120B IPC (criminal conspiracy). On December 8, 2010, Javed Abdul Ghafoor was arrested by crime branch from Mazgaon dock area. Mozawala used to stay in flat number 103A, in the A wing of Infiniti Towers.

Police alleged that he had completed recce of defence installations in Mumbai. The crime branch found desktop computer, disc drive, five DVDs, two pencil drivers, a cellphone, several SIM cards and pictures of defence installations torn from magazines.

Several fake job identity cards and phone numbers of senior defence officers were also found from his residence. The seized items were sent to the state forensic lab at Kalina.

A class 12 pass out, Mozawala was well versed in English and used to work as a visa agent. People intending to go on Haj and meet their relatives in Pakistan used to meet Mozawala for visas. According to prosecution, two senior officials in Pakistan High Commission Abdul Bhatti and Jamal Bhatti initially rejected visa applications sent by Mozawala, after which the latter met the two officials, who lured him to send info about defence installations.

In his confession, Mozawala admitted having passed over info about defence installations to the two Pakistani High Commission staff. He had close ties with a former MLA staying near Colaba Kent.

Crime Branch filed its 550-page chargesheet in March 2011, after which the trial went on and the verdict came today. The two Pakistan High commission officials Abdul Bhatti and Jamal Bhatti were also made accused, but they absconded to their country.

Mojawala's Arabic tutor Faqir Mansoor Ali gave a statement to the magistrate that he had delivered some documents twice or thrice to the Pakistan High Commission in Delhi on behalf of Mojawala. According to prosecution, the envelopes contained photographs of defence installations and some secret documents.

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Categories:Types, Business/Law
Published by: Sampath Bulusu on Jul 22, 2013
Copyright:Attribution Non-commercial

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1 Oral Judgment in S.C. No.22/12
Exhibit No.174IN THE COURT OF SESSIONS FOR GREATER BOMBAY SESSIONS CASE NO.22 OF 2012(C.C. No.3700195/PW/2011)The State of Maharashtra 
(Through DCB, CID-CIU (OP), Mumbaiin C.R.No.114/2010)
... Complainant
 Versus
1. Javed Abdul Gafoor Mozawala 
 Age 30 years, Residing atRoom No.103, Building No.1,Infinity Towers,Shivdas Chapsi Marg,Mazgaon, Mumbai.
... AccusedCORAM : HER HONOUR THE ADDL. SESSIONS JUDGE, V.V. JOSHI (COURT ROOM NO.29)DATED : 15th JULY, 2013.
Learned SPP Shri Shetty for the State.Learned Advocate Shri Abdul Wahab Khan for the accused.
ORAL JUDGMENT
1. The accused Javed Abdul Gafoor Mozawala is facing thecharges for spying for Pakistan that he was in possession of documents such as secret official record in respect of DefenceEstablishment, which is directly or indirectly useful to enemy andabeted the commission of offence with supporting of wantedaccused Abdul Latif @ Bhatti punishable under Section 120-B of theIndian Penal Code, 1860 (hereinafter will be referred to as the "IPC"for short) and Sections 3(1)(C), 4 and Section 9 of the Official Secrets Act, 1923.
 
2 Oral Judgment in S.C. No.22/12
2. The brief facts of the prosecution case are as under :The Police Sub Inspector Shri Rodrigues attached toDCB, CID CIU (OP), Mumbai received the information on 7.12.2010from the informant that one Zaved Abdul Gafoor Mozawala,resident of Room No.103, Building No.1, Infinity Towers, ShivdasChapsi Marg, Mazgaon, Mumbai, is supplying the secretinformation in respect of Defence Establishments, to officers of Pakistan High Commission, Delhi. He is working for Pakistan HighCommission, Delhi. After receiving this information, Zaved AbdulGafoor Mozawala disclosed it to Senior Police Inspector ShriSandbhor and both of them went to the Assistant Commissioner of Police Shri Duraphe and informed about said information. ACP ShriDuraphe gave instructions to Mr. Rodrigues to confirm the news.Thereafter, Mr. Rodrigues alongwith Police Constable Shri Malusure went to the Infinity Tower to verify the information about Javed Abdul Gafoor Mozawala. After visiting the place, it was informedthat said Zaved Abdul Gafoor Mozawala is residing at Infinity Toweralongwith his wife and two daughters. He disclosed this fact to ACPShri Duraphe and Shri Duraphe has directed him to take the searchof the house of Zaved Abdul Gafoor Mozawala in presence of panch witnesses.3. On 8.12.2010, the Police Inspector Shri Sandbhor, APIShri Deshmukh, Head Constable Shri Naik, one Lady Constable andtwo panch witnesses formed the raiding party and went to thehouse of the accused about 10.50 a.m. The door of the house wasopened by the wife of accused. At that time, the accused was
 
3 Oral Judgment in S.C. No.22/12
sleeping in the bed room. The members of raiding party introducedthemselves and disclosed their purpose. The accused was sleeping in the bed room. After seeking permission, the members of raiding party entered into the bed room of accused and brought him in thehall. The Senior PI inquired about him and they informed abouttheir visit. They took the search of the house of accused. Theseized some articles from his house viz. 21 photographs, directory and printed material containing 8 pages, which was about 5thlesson means of communication, transportation and 13 passportsalongwith Visa applications. They also seized the Floopy, CompactDisc and Pen Drive from the house of accused. They took theaccused and seized articles in CIU Unit. Thereafter, Mr. Sawantrecorded the complaint of PSI Shri Rodrigues and FIR was lodged inByculla Police Station bearing Crime No. 114/10 for the offencespunishable under Section 120-B of the IPC and Sections 3(1)(C), 4and Section 9 of the Official Secrets Act, 1923. The work of investigation was entrusted to API Shri Ajay Kashaba Sawant. Hehas conducted the investigation and after completion of investigation, the Investigating Officer (hereinafter will be referredto as the "I.O." for short) has filed charge sheet in the AdditionalChief Metropolitan Magistrate, 37th Esplanade Court, Mumbai.4. The Learned Addl. C.M.M. Court after compliance oSection 207 of the Cr.P.C., committed the case to the Court of Sessions, Mumbai by its order dated 15.12.2011 under Section 209 of the Cr.P.C., as the offences punishable under Section 120-B of theIPC, Sections 3(1)(C), 4 and Section 9 of the Official Secrets Act areexclusively triable by the Court of Sessions. Then it was made over

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