NOOR BANO BEGUM Vs. STATE OF U.P.

JUDGEMENT

(1.) HEARD Shri Arvind Nath Agarwal brief holder of Shri B.B. Paul learned counsel for the revisionist and learned A.G.A for the State.

(2.) BRIEF question that arises in this revision is whether the revisionist was an Indian National and could not have been convicted by the courts below under Section 14 of the Foreigners Act, 1946, the revisionist case was that she went to Pakistan in the month of June, 1950 i.e. after the commencement of the Constitution of India on 26th January, 1950 and hence she continued to be an Indian National. The courts below found from the evidence available on the record that the revisionist migrated to Pakistan on 1st January, 1950 and came to India in the year 1953 on a Pakistani passport and, therefore, she cannot be treated to be an Indian National. The finding of fact recorded by the courts below so far as the date of migration from India is concerned, is supported by documentary evidence and there is no perversity in the finding of fact arrived at by the courts below. Therefore, the submission of the learned counsel for the revisionist that revisionist continued to be Indian National is devoid of merit.

(3.) IN the result, conviction of the revisionist under Section 14 of the Foreigners Act, 1946 is upheld and the revisionist is sentenced to the period of imprisonment already undergone and a fine of Rs. 1000. The amount of fine shall be deposited within a period of two months from today failing which the revisionist shall undergo imprisonment for one month.