STATE OF U P Vs. MOHAMMAD AMIN

JUDGEMENT

(1.) THIS is an appeal by the State of U. P. against the order of the learned Session? Judge. Azamgarh, dated 15-7-1968, allowing the appeal of Mohammad Amin and setting aside his conviction and sentence under Section 14 of the Foreigners Act.

(2.) THE respondent, Mohammad Amin was sent up for trial on the allegations that he had voluntarily acquired the citizenship of Pakistan and intentionally disobeyed the order of the State Government to leave India within twenty-four hours and thereby committed an offence punishable under Section 14 of the Foreigners Act.

(3.) IT is apparent from the evidence on record that the question of citizenship of the respondent was determined by the Government of India under Section 9 (2) of the Citizenship Act and Rule 30 of the Citizenship Rules by an order dated 20-9-1966. A copy of the aforesaid order was served on the respondent on 13-10-1966. On 21-11-1966 the prescribed Authority, exercising the delegated power of the Central Government, passed an order under Section 3 (2) (c) of the Foreigners Act directing the respondent to leave India within twenty-four hours. This order was served on the respondent on 14-12-1966 and this fact has been admitted by the respondent in his statement under Section 342 of the Criminal Procedure Code. On his failure to obey the directions contained in the notice, he was arrested on 15-12-1966 arid a report was lodged at the police station and a case was registered under Section 14 of the Foreigners Act.