SMT. BEENA ARORA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THIS Petition was admitted to hearing on 24th October, 2005. The Respondents were required to file counter affidavit within one month, but till date, no counter affidavit has been filed by the Respondents.

(2.) THE issue involved for consideration in this case is, indeed, very simple. Prosecution was launched for violation of Section 14 of The Foreigners Act, 1946 ('1946 Act' for short). Section 14 reads thus:

(3.) THE allegation in the Prosecution is that with respect to a foreigner, namely Raptric Delipan Arvind, citizen of America, report in Form C was not sent within 24 hours. Such information was sent almost a week after the arrival of the foreigner. Since this was in violation of Rule 14(6) (supra), Sri Man Singh, the Manager of the Hotel, was arrested, put in custody for 18 days and thereafter released on bail. Prosecution was launched against him in his capacity as the Manager of the Hotel. Subsequently, a supplementary charge sheet was filed against the Petitioner herein without obtaining any leave from the Magistrate concerned.