STATE OF KERALA Vs. C K KUNJU

JUDGEMENT

(1.) Respondent was charge sheeted by the Sub Inspector of Police, Alathur for an offence punishable under S.14 of the Foreigners Act, 1946 for having overstayed in India in contravention of the provisions of S.3 (2) (c) thereof and tried before the Additional Judicial First Class Magistrate, Palghat in C. C. 214 of 1986. He was acquitted solely on the ground that the prosecution was without observing the principle of natural justice, following a Single Bench decision of the Andhra Pradesh High Court in P. Mohammad Khan v. State of Andhra Pradesh (1978 (2) (46) Andhra Weekly Reports 408). State has challenged the acquittal.

(2.) On facts there is no dispute. Though the respondent is an Indian by birth he migrated with family to Malaysia long ago and became a Malaysian National. He entered India on 19-12-1984 with a Malaysian passport and Indian visa dated 13-12-1984 valid till 18-3-1985. He is admittedly a foreigner and his stay in India from 19-3-1985 is illegal. He claimed to have applied for extension of visa but it was not ordered, he says. Reason for overstay which necessitated an application for extension is said to be illness.

(3.) S.2 (a) of the Foreigners Act as it now stands defines foreigner as a person who is not a citizen of India. S.3 (2) (c) authorises the Central Government to make orders considered necessary to provide that the foreigner shall not remain in India or in any prescribed area therein. Orders mentioned in S.3 are those detailed in the Appendices. Foreigners Order, 1948 is one among them. Para 7 of the Order makes registration necessary under R.6 of the Registration of Foreigners Rule's, 1939. A permit indicating the period during which he is authorised to remain in India will have to be obtained. Unless the period indicated in the permit is got extended, the foreigner is bound to deport from India before the expiry of the period surrendering the permit. Any contravention of the provisions of the Act or of any Order made thereunder or any direction given in pursuance of the Act or Order is made punishable under S.14.