STATE Vs. HAMIDKHAN

JUDGEMENT

(1.) THIS Is an appeal filed by the State of Madhya Bharat against an order of the Additional District Magistrate, Mandsaur by which he acquitted the respondent Hamidkhan.

(2.) THE facts of the case are that the accused-respondent Hamidkhan, who is alleged to be a Pakistani national, came to India under a passport No. 252641 dated 3-1-55 and 'c category Visa No. 15705 dated 17-3-55. As per conditions of the Visa he was to leave India before 16-6-1955. It is alleged that on 10th June, 1955, he made a report at the Mandsaur police station that he was leaving India but did not act accordingly. On 14-9-1955, he was found at Mandsaur and was therefore arrested and put up for trial under Section 3 of the Indian Passport Act read with Rules 5 and 6 made thereunder.

(3.) THE accused-respondent admitted overstaying but the learned Magistrate acquitted him holding that by overstaying in India after the period of the passport had expired, no offence was committed by the accused. It is against this order of acquittal that the present appeal is preferred by the State.