ABDUL HALEEM Vs. STATE

JUDGEMENT

(1.) Abdul Haleem has filed this revision application against an order of the learned Sessions Judge of Rampur whereby he affirmed in appeal an order of a first class Magistrate of the place convicting the applicant Under Section 14 of the Foreigners Act 1946, but reducing his sentence from 18 months R. I. and a fine of Rs. 200/- to one year's R. I. and a fine of Rs. 50/-. The facts giving rise to this revision are as follows :

(2.) The applicant came to Rampur on the authority of a Pakistani Passport dated the 7th January 1955 and an Indian Visa of Category 'C dated the 30th January 1957 which entitled him to stay in India for a period of three months. The applicant entered India on the 10th February 19S7. His Visa wag subsequently extended Upto the 19th June 1957. The applicant, however, did not leave India by that date and continued to stay on. Consequently on the 26th Juno 1957 a notice was served on him requiring him to leave India within 30 days of its' service. The applicant even then did not leave the Indian border with the result that after the expiry of those 30 days he was prosecuted under See. 14 of the Foreigners Act for 'he contravention of the provisions of Clause 7 of the Foreigners Order .1940.

(3.) the defence of the applicant was that he was not a citizen of Pakistan .but was ft national of India, that he had gone to Pakistan 'temporarily and as (here was no other means of returning to India, he obtained a Pakistani Passport and came to India where he had been living ever since.