BADRUZZAMAN Vs. STATE

JUDGEMENT

(1.) This is a revision against the appellate decision of the learned Additional Sessions Judge of Rae Bareli affirming the order of conviction passed against the applicant, Badruzzman Khan, by a Sub-divisional Magistrate in that district under Section 5 (l), Influx from Pakistan Control Act, 1949 (XXIII [23] of 1949). Badruzzaman was originally sentenced to undergo nine months rigorous imprisonment but the lower appellate Court reduced the sentence to one of fine amounting to Rs. 500/- or three months rigorous imprisonment in default of its payment.

(2.) Section 3, Influx from Pakistan Control Act, prohibits persons not exempted under the Rules framed in pursuance of Section 4 of the Act from entering India from. Pakistan directly or indirectly except under a permit, or valid passport in the case of persons not domiciled in India or Pakistan. Section 4 invests the Central Government with powers to make rules under the Act for prescribing the authorities by which and the conditions subject to which permits may be issued, renewed or extended, laying down the qualifications of persons entitled to them, regulating the movements of permit holders in India and providing for exemptions and other matter, ancillary or incidental for carrying out the purposes underlying the Statute. Section 5 then prescribes:

(3.) Rules 3 and 8 of the Rules framed under Section 4 of the Act make provision for the issue of five kinds of permits by the High Commissioner for India in Pakistan at Karachi or the Deputy High Commissioner at Lahore: (l) Permits for temporary visits, (2) Permits for permanent return to India, (3) Permits for repeated journeys, (4) Transit permits, and (5) Permits for permanent re-settlement.