STATE OF ASSAM Vs. JILKADAR ALI

JUDGEMENT

(1.) Prior to August 15, 1947, the respondent was in service of the Government of Assam as an unarmed Police Constable bearing No. 407, serial No.29. On partition, he opted for service in Pakistan. Consequent on his exercising such option, the Assam Government passed an order No. 2155, dated December 31, 1947, releasing him from service and directing him to report to the Inspector-General of Police, Dacca for service there. The respondent thereafter went to the then East Pakistan and joined Pakistan Government service as a peon in the Sub-registrar's office at Fenchuganj, District Sylhet.

(2.) He entered India on December 23, 1953 on the strength of a Pakistani Passport, dated September 10, 1953 and an Indian visa dated November 11, 1953. He appears to have returned to Pakistan on April 25, 1954. On January 27, 1955, he again applied for and obtained an Indian visa which was valid upto January 26, 1955. On the strength of that visa, he entered India on April 4, 1955. Instead of returning to Pakistan, he overstayed beyond January 26, 1955 until he was detected on October 9, 1964 in the Village Niargram, Salchah Sub-Division in the house of one Tozamul Ali Majumdar. He had at that time no permit as required by Clause 7 of the Foreigners Order, 1948, as amended in 1959. He was consequently arrested and prosecuted under Section 14 of the Foreigners Act, 1946 read with Clause 7 of the Foreigners Order, 1948.

(3.) The Additional District Magistrate, Silchar convicted him under Clause 7 of the Foreigners Order read with Section 14 of the Foreigners Act, 1946 and sentenced him to rigorous imprisonment for a period of six months and directed that he should be deported from India after he had served out the sentence. On appeal by the respondent against the said order of conviction and sentence, the Sessions Judge, Silchar upheld the said order of conviction and sentence.