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“The objective of the stringent Official Secrets Act provisions is achievable through calibrated safeguards, including conducting the examination from a secured State-controlled facility, ensuring an in-camera regime, restricting devices, and controlling the display and movement of documents. The law demands reasonable containment of risk.”
“The increasing instances of drug smuggling through drones in India from across the border i.e. Pakistan pose a grave threat not only to the security of the nation but also impacts the youth of the nation.”
The contents of FIR do speak about insult or intimidation and thus, it is left open to the Court concerned to see whether charge needs to be framed under Section 120-B1 or Section 342 of the Penal Code, 1860.
When the question of National security and safety arises, it is quite serious than the cases of gruesome murder and in the present circumstances, the Court is not prepared to risk the National security and safety.
“This lethargic attitude of the prosecution is seriously violating the fundamental right of the speedy trial of the petitioner as guaranteed under Article 21 of the Constitution and in such a situation, the conditional liberty must override the statutory embargo.”