STATE OF U P Vs. SHAMSUL HUDA

JUDGEMENT

(1.) THIS appeal has been preferred by the State of Uttar Pradesh against the judgment and order dated 8-11-1968 passed by the Civil and Sessions Judge, Pratapgarh acquitting the respondent Shamsul Huda who was tried of offence Under Section 14 of the Foreigners Act and who had been convicted by the trial court of the said of-fence and was awarded two years' rigorous imprisonment.

(2.) SHAMSUL Huda according to the prosecution was a Pakistani national and had come to India on 5-4-1963 on a Pakistani passport dated 3-41963. On arriving in India he obtained permit for staying here upto 45-1963. On 29 4-1963 the said respondent got an entry recorded at P. S. Jethwara to the effect that he was going back to Pakistan on that day but he lingered on his stay in India even thereafter. It was, therefore, that he was prosecuted Under Section 14 of the Foreigners Act and was convicted and sentenced by the trial court as mentioned heretofore but his appeal was allowed by the Civil and Sessions Judge who set aside his conviction and sentence awarded to him and acquitted him.

(3.) THE trial court had held that the respondent was a Pakistani citizen and had violated the permit granted to him by overstaying thereafter. The Civil and Sessions Judge who heard the appeal following the decision of a learned Single Judge of this Court in Mohd. Ilyas v. State (Criminal Revision No, 864 of 1966) (All) held that no notice had been given to the respondent to leave India and, therefore, he could not be convicted of the offence in question.