mobile phones, had perused the report submitted by the Deputy Commissioner of Police, AntiTerrorist Squad, Mumbai, to the Additional Director General of Police, AntiTerrorist Squad, Maharashtra. The order of authorization (Exhibit 137) issued by the Additional Chief Secretary reflects that there is due application of mind by the authorising authority to the facts of the case. Recitals in the order at Exhibit 137 makes it clear that the Competent Authority under the Indian Telegraph Act, 1885, had kept in mind the fact that in view of recent blasts at the German Bakery, Koregaon Park, Pune, some foreigners are contacting their associates in India and are planning to execute destruction as well as commission of serious offences. The order at Exhibit 137 makes it clear that the authorizing authority has come to the conclusion that other modes of enquiries for gathering intelligence have failed and therefore, it is necessary to permit interception of the targeted mobile phone numbers for preventing incitement to the commission of serious offences. It is, thus, clear that, the order passed under Section 5(2) of the Indian Telegraph Act, 1885, and the recitals thereof shows that the same was passed in
