KALLAN KHAN Vs. STATE

JUDGEMENT

(1.) This application in revision has been referred to this Bench for the decision of the following question :

(2.) The applicant Kalian Khan had migrated to Pakistan, He obtained a passport bearing No. 330624 from the Pakistan Government on the 5th July 1955 and also obtained Visa No. 28781-82 of the 26th March 1957. The visa was of category 'C'. He entered India on the basis of the passport and the visa and reported his arrival at Police Station Mundha on the 30th March 1957. The District Magistrate of the place granted him a permit entitling him to remain in India till the 12th July 1957 and fixing the time of exit from India as the 14th July of that year. The permit was never extended but the applicant continued residing in India beyond the period fixed in the permit. On the 25th February 1958 a notice was given to him requiring him to leave India within thirty days but as he did not comply with it ho was prosecuted under Section 3 read with 14 of the Foreigners Act. The charge framed against him read as follows :

(3.) The applicant pleaded not guilty. He said that ho was an Indian national who had gone to Pakistan but had come back from the place in 1957 because he could not get any employment there. He denied that he had been living in India without permission.