MOHAMMAD ZAENAL ARIFIN Vs. STATE

JUDGEMENT

(1.) The Criminal Original Petition has been filed seeking to call for the records of the Charge Sheet in respect of the Petitioner/A1 in P.R.C. No.18 of 2021 pending committal on the file of the Judicial Magistrate Court-II at Ponneri and quash the same.

(2.) Brief facts of the case as per the prosecution is that the witness Tmt.Daisen Murali is working as the Assistant Director, Bureau of Immigration, Chennai-Ennore Seaport, Chennai. A1 is a citizen of Indonesia and is working as the 2nd Engineer in the Vessel MT Asian Grace, flag South Korea. A2 is a citizen of Sourth Korea and is working as the Captain of the MT Asian Grace, flag South Korea. A3 is a citizen of India and Manager of Samudra Marine Service Pvt. Ltd and was maintaining the above said Vessel "MT Asian Grace".

(3.) On 2/9/2021, the above said Vessel "MT Asian Grace" berthed at Kamarajar Port Ltd., Ennore and on 3/9/2021 early morning at about 04.00 hrs., A1 disembarked from the above said Vessel and entered into India without any valid permission or visa under the guise of taking treatment and went outside the main gate of the above said port and took treatment at National Hospital at No.12, Manali Express Highway, Eranavoor and was caught by the CISF, while he was entering into the port around 10.00 hrs., through the above said main gate and A1 entered into the area in India without any valid documents required for such entry and thereby committed an offence punishable under Sec. 14A(b) of the Foreigners (Amendment) Act, 2004 and A2 and A3 abetted A1 by facilitating him to go outside the Vessel and port and thereby A2 and A3 committed the offence punishable under Sec. 14C of the Foreigners (Amendment) Act, 2004. Thereby, A1 appears to have committed an offence punishable under Sec. 14A(b) of the Foreigners (Amendment) Act, 2004. A complaint came to be lodged against the accused and based on the complaint, the petitioner was arrested and remanded to Judicial custody. After grant of bail, now, he is made to stay in the Special Camp for Foreigners at Trichy.