STATE DELHI ADMINISTRATION Vs. MASTER TAMEEJ

JUDGEMENT

(1.) This is an appeal by the State (Delhi Administration) against the order of acquittal passed by the trial Magistrate in favour of the respondent who was prosecuted under section 14 of the Foreigners Act, 1946. The charge was that he being a. national of Pakistan was found overstaying in India without any permission or valid passport. Originally, the appeal came up for hearing before my brothers M.R.A. Ansari and D.K. Kapur, JJ. By their order dated January 25 ,1973, they made a refrence to a larger bench. That is how the matter has been placed before the three of us.

(2.) The relevant facts in .this case are not in dispute. Briefly stated, the facts are as follows: The respondent Maser Tameej. is the son. of one Mohd, Ismail and was born at Delhi in the year 1943. Both his parents are Indian citizens. Sometime in 1947 the respondent was taken by his maternal grand parents to Pakistan along with the elder brother, Bundu. On May 23, 1953, a joint passport was obtained by the respondent's said grand-parents, Mr. and Mrs. Faehmuddin for themselves and the two boys. A visa was granted to the four of them by the Indian High Commission at Lahore for visiting India on September 28, 1953. The respondent accompanied by his brother and maternal grand-parents came to India via Amritsar on November 10, 1953. On March 8,1954 a separate passport bearing No. 108922 was issued in favour of the respondeat by the Pakistan High Commission at New Delhi. The validity of the said passport was upto March 7, 1959. On the basis of 'his passport permits for residing in India were issued in favour of the respondent from time to time. The last residential permit by which the respondent was permitted to remain in India was issued in November, 1957 (Exhibit Public Witness 3/A). According to this permit the respondent had been permitted to remain in India until September 10, 1958. The conditions of the residential permit were that the same was to be surrendered by the respondent at the time of departure from India to the Registration Officer of the place from which he leaves India; in the event of the respondent not departing from India before September 10, 1958, unless he obtained further per- session from the Central Government to remain for a longer period in India, he was liable to be prosecuted for contravention of the provisions of the Foreigners Act, 1946; and that if an application for extension of the period of the permit for stay in India was to be moved by him it had to be so moved 15 days before September 10, 1958. The respondent did not get his permit extended and admittedly stayed on in India even after the expiry of the period specified in the said residental permit Exhibit Public Witness 3. A and the validity of his afore- said passport which was valid only upto March 7, 1959. The respondent was arrestsd on October 21, 1965 within the jurisdiction of Police Station Darya Ganja. Delhi. A FIR, Exhibit PA was lodged on that day and he was ultimately sent up for trial as .already mentioned earlier.

(3.) The respondent pleaded that he was an Indian national and so. had not contravened any provisions of the Foreigners Act, 1946. His contention found favour with the trial Magistrate and he was acquitted.