STATE OF U P Vs. ABDUL QAYUM

JUDGEMENT

(1.) Abdul Qayum was prosecuted under Section 14 of the Foreigners Act for breach of para 7(2) of the Foreigners Order, 1948 by over-staying in India after the expiry of the period indicated in the permit and subsequently extended from time to time. The learned Magistrate, who tried the case, acquitted Abdul Qayum. The State has, therefore, filed this appeal against the order of acquittal.

(2.) Abdul Qayum came into India on 15-12-1954 on a Pakistani passport No. 192177 and visa No. 69827 of category C. The Indian visa was Valid upto 9th March, 1955. The State Government, however, extended the period of his stay uptil 12-12-1955. Upon the expiry of that period, Abdul Qayum neither obtained permission for further stay in this country nor did he go back to Pakistan. He was, therefore, prosecuted as mentioned above.

(3.) The defence of Abdul Qayum was that he is not a foreigner and the restrictions laid down in para 7 of the Foreigners Order were not applicable to him.