STATE OF ANDHRA PRADESH Vs. ABDULL KHADER

JUDGEMENT

(1.) The respondent was convicted by the Judicial Magistrate of Adoni in the State of Andhra Pradesh, under S. 14 of the Foreigners Act, 1946. His appeal to the Sessions Judge of Kurnool was dismissed. He then moved the High Court of Andhra Pradesh in revision and the revision petition was allowed. Hence the present appeal by the State of Andhra Pradesh.

(2.) The facts found were these:On January 20, 1955, the respondent had come to Adoni on a passport granted by the Government of Pakistan which bore the date January 10, 1955. The passport had endorsed on it a visa granted by the India authorities which permitted the respondent to stay in India up to April 14, 1955. The respondent continued to stay on in India after that date. On some date, not precisely ascertainable from the record, he appears to have made a representation to the Government of India for extension of his visa till September 2, 1957, on grounds of health. The records do not however show what order, if any, was made on this representation. On September 3, 1957, an order dated August 9, 1957, made by the Government of Andhra Pradesh requiring him to leave India, was served on the respondent. As the respondent did not leave India as directed by this order, he was prosecuted with the result earlier stated.

(3.) The passport showed that the respondent was born at Adoni in 1924. The respondent appears to have produced an extract from the municipal birth register, which is not on the record, but presumably showed that he was so born. The only evidence on the record of the date when he left India, shows that that must have been at the end of 1954 or early in 1955. There is evidence to show that he had been paying rent for his shop at Adoni for about ten years prior to1958 and his parents, brothers, wife and children were and, had always been in India.