NIZAM UDDIN Vs. STATE

JUDGEMENT

(1.) The applicant was convicted by a Magistrate First Class of Shahjahanpur under Section 5 of the Influx from Pakistan (Control) Act, 1949, and sentenced to six months' R.I. He went up in appeal to the Sessions Judge who upheld his conviction but reduced the sentence to three months' R.I. He has now come up to this Court in revision.

(2.) The facts which have been found against the applicant by both the courts below are that he entered India without a valid permit from West Pakistan in April 1952 where he had gone in 1950.

(3.) The defence which the applicant had set up was that he had not entered India from West Pakistan, but that he had gone to Dacca in East Pakistan with his family in April 1950 and that he returned in 1952 from that place. He probably wanted exemption under Sub-rule (1) of Rule 31 of the Permit System Rules, 1949, on the ground that he had come from East Pakistan. This defence of his was, however, rejected.