LAWS(DLH)-2009-5-78

SOM CHAI SRI CHAWLA Vs. STATE

Decided On May 06, 2009
SOM CHAI SRI CHAWLA Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) THE petitioner in this case was challaned under Section 7 read with Section 14 of the Foreigners Act 1946 inasmuch as the petitioner furnished incorrect information about his nationality while staying at hotel Hyatt, New Delhi by claiming that he was an Indian National while admittedly he is a Thai national. The prosecution after investigating the matter and after collecting evidence including the registration card signed by the petitioner himself where his nationality was shown as 'indian' and his local address was also given, and after recording the statement of the care taker, i. e. , Inder Sachdeva of the property where the petitioner whose real name is Jaswant Singh had been residing,i. e. , 14 A/62, WEA, Karol Bagh, Delhi.

(2.) SECTION 7 of the Act reads as under:-Section 7. Obligation of hotel keepers and others to furnish particulars. (1) It shall be the duty of the keeper of any premises whether furnished or unfurnished where lodging or sleeping accommodation is provided for reward, to submit to such person and in such manner such information in respect of foreigners accommodation in such premises, as may be prescribed. Explanation. The information referred to in this sub-section may relate to all or any of the foreigners accommodated at such premises and may be required to be submitted periodically or at any specific time or occasion.

(3.) LEARNED Metropolitan Magistrate vide her order dated 27th April, 2001, detailed the evidence of the prosecution while framing the charge, which is reproduced herein:-