MOMIN MULLA Vs. SUB INSPECTOR OF POLICE

JUDGEMENT

(1.) Petitioner is the accused in crime 1454/2013 of Aluva East Police Station registered for offences punishable under sections 13 and 14 of the Foreigners Act and Section 3 of the Passport Act. He has filed the above application seeking his release on bail under section 439 of the Code of Criminal Procedure, for short the Code.

(2.) Petitioner who is alleged to be a Bangladesh citizen was arrested on 29-4-2013 when he was found residing in a house at Aluva without any valid passport or travel document authorising his entry and stay in the country.

(3.) I heard learned counsel for petitioner and learned public prosecutor. No change of circumstance after dismissal of previous application by this Court has been canvassed, but only reiterating of the contentions advanced earlier that petitioner is a citizen of India and not of Bangladesh and the proceedings launched against him under the Foreigners Act and Passport Act are per se unsustainable. Application is opposed by learned Public Prosecutor contending that no reliance can be placed on any of the documents tendered by petitioner to accept his case that he is a citizen of India when such documents are incapable of showing his status as such.