ABDUL SAMAD Vs. STATE OF U P

JUDGEMENT

(1.) THIS reference has been mode by the learned Sessions Judge of Kanpur. The notice of the case was personally served on Abdul Samad applicant on 9-2-1963 but nobody has put in appearance on his behalf

(2.) THE facts of the case briefly are that in the first instance the applicant Abdul Samad had entered India with a passport and visa bat had overstayed here. Accordingly he was deported to Pakistan in 1956. Thereafter he is alleged to have entered India without any valid passport or visa and was found residing in the city of Kanpur. Accordingly he was challaned under Rule 6 of the Passport Rules for contravention of Rule 3 of the Rules. The applicant raised a preliminary objection to his trial being held within the jurisdiction of Kanpur court on the ground that the words used in Rule 3 have to be strictly construed Rule 3 runs as follows: "save as provided in Rule 4, no person proceeding from any place outside India shall enter, or attempt to enter, India by water, land or air unless he is in possession of a valid passport conforming to the conditions prescribed in Rule 5. " The learned Magistrate rejected the contention of the applicant by one-word-order 'rejected'

(3.) ON revision being filed before the learned Sessions Judge of Kanpur, than latter agreed with the contention of the applicant and made the instant reference to this Court. The learned Judge pointed out that the charge against the applicant was one of entering India without a valid passport' The learned Judge, however, held that the applicant could arrive in the district of Kanpur only after he had already entered the country through some border district He, therefore, reasoned out that the offence of entering into India without a valid passport could not have been committed within the jurisdiction of Kanpur court.