HABIB IBRAHIM Vs. STATE OF RAJSTHAN

JUDGEMENT

(1.) Leave granted.

(2.) Challenge in this appeal is to the judgment of a Learned Single Judge of the Rajasthan High Court, Jaipur Bench, upholding the conviction of the appellant for offence punishable under Section 3 read with Section 14 of the Foreigners Act, 1946 (in short the Act) and sentence to five years rigorous imprisonment with fine of Rs.25,000/- with default stipulation. Two other persons faced trial along with the appellant for offences punishable under Section 13 read with Section 14 of the Act. While co-accused Bagwan Sahai Sain acquitted, the other accused Smt. Sunita alias Sonu alias Nagma convicted and sentenced to undergo simple imprisonment for three years and to pay fine of Rs.5,000/- with default stipulation.

(3.) Background facts in a nutshell are as follows : SHO Vidhadhar Nagar, Jaipur acting upon the information of informant on 13-1-2004, the then SHO Richpal Singh along with Superintendent of Police reached at Vidhyadhar Nagar bus stand No. 15 and verified the information given that the persons accompanying with Bhagwan Sahai Sain R/o Village Aakedadugar is a Pa kistani resident who is living in India illegally. Thereafter at about 8.15 am he reached at Bus stand No. It along with two witnesses. He found one person with Bhagwan Sahai. Upon inquiry, he told his name to be Habib Ibrahim, son of Ibrahim Rahamtullah R/o Gali No. 3 Mullah Allah Dadlen Gobol Road, Liyari, Karachi, Pakistan. The documents authorizing stay in India were demanded from Habib Ibrahim and he was asked the reasons for coming to India. He did not give any satisfactory answer. On the basis of suspicion he was searched in the presence of witnesses and a Pakistani passport was recovered from his pocket and tourist visa for six months for Nepal, telephone bills were recovered from him. Bhagwan Sahai and Smt. Sunita @Sonu@Nagma were also arrested as they were helping Habib Ibrahim who was living in India illegally. FIR No. 14/2004 was registered and in vestigation started. During investigation a spot map was prepared and the statement of accused were recorded and they were arrested. On the information of accused Habib Ibrahim, Nepalese currency, a reliance mobile of Nokia company and tickets of airlines, documents and cash relating to Bangladesh and Indian currency were recovered from his house at 8/37 Vidhyadhar Nagar which were seized and pro duced before the court. After completion of investigation, charge sheet was filed.