STATE OF GUJARAT Vs. MUNIRUDDIN SHABHUDDIN

JUDGEMENT

(1.) THIS is an appeal by the State against the acquittal of the respondent, who was prosecuted under Section 14 of the Foreigners Act, 1946. The prosecution case was that the respondent was a foreigner and he had stayed in India beyond the time granted in a Residential Permit, which was issued to him, permitting him to stay in India upto 20th June, 1962, The Residential Permit has been produced. In view of the provisions of Section 9 of the Foreigners Act, the burden of proving that a person is not a foreigner is on the person who says that he is not a foreigner, namely, on the respondent. Foreigner, as defined in the Foreigners Act means a person, who is not a citizen of India. Therefore, the respondent had to prove that he was a citizen of India. In order to prove that he is a citizen of India, the respondent relied on a birth certificate of 1926, showing that a son was born to Shahbuddin Allauddin on 7th November 1926 at Borsad. There is evidence to show that the birth certificate relates to the respondent. Therefore, there is evidence to show that the respon. dent was born at Borsad on 7th November 1926. But that is not sufficient to prove citizenship at the date of the prosecution or at the date of the commencement of the Constitution of India. Article 5 of the Constitution reads as follows: At the commencement of this Constitution, every person who has his domicile in the territory of India and--

(2.) I, therefore, hold that the respondent has not proved that he was not a foreigner. The acquittal order is, therefore, wrong and is set aside. The respondent is convicted under Section 14 of the Foreigners Act for contravening the order issued under Section 3 of the said Act and is sentenced to rigorous imprisonment for six months and a fine of Rs. 200/- (two hundred rupees) in default two months rigorous imprisonment.