ALI RAJA Vs. STATE

JUDGEMENT

(1.) The Applicant was convicted by a Magistrate First class, Deoria, Under Section 14 of the Foreigner's Act read with Section 3(3) of the Indian Passport Act and sentenced to three month's rigorous imprisonment and a fine of Rs. 100/-. In default of payment of fine he was directed to undergo two weeks' rigorous imprisonment. He was further convicted Under Section 14 of the Foreigner's Act for refusing to leave India after notice and sentenced to nine months' rigorous imprisonment and a fine of Rs. 400/-or to two months' rigorous imprisonment in default of payment of fine. The conviction and the sentences of imprisonment were affirmed in appeal by the Sessions Judge, Deoria, but the sentences of fine imposed on the two counts were reduced from Rs. 100/- to Rs. 50/- and from Rs. 400/- to Rs. 200/- respectively. This revision is directed against the aforesaid conviction and sentences.

(2.) The prosecution case was that the Applicant Ali Raza was a resident of Pakistan. He was found in India on 7-6-1965 and was served with an order to produce his passport or other legal authority for living in India within 24 hours. In default he was directed to leave India within the same period. The Applicant failed to produce the passport or other legal documents and also did not leave India. He was, therefore, arrested on 8-6-1965 and was prosecuted.

(3.) The Applicant pleaded not guilty. He claimed to be an Indian national and denied that he was served with any notice to leave India. He also examined two witnesses in defence to prove that he was a resident of India and never migrated to Pakistan.