MD. SIHAB HOSSAIN Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This is an appeal under Sec. 415 of BNSS against the impugned Judgment and order of conviction and sentence dtd. 12/3/2025 passed by the learned Additional Sessions Judge, Gomati Tripura, Udaipur in Case No. ST 36 of 2024 (Type-I).

(2.) The prosecution case as revealed from the written ejahar is that, on 18/8/2024 at around 20:30 hrs, the complainant had received a secret information from credible source that one Bir Kumar Uchai has reportedly harbored 7/8 Rohingya/ Bangladeshi nationals in the house located at Lampra Bazar within a distance of about 7/8 Km from International Border with an intention of human trafficking. Thereafter as per the order of the I/C Nutan Bazar P.S, the complainant formed a raid team and proceeded towards the house of Bir Kumar Uchai and after reaching the alleged house and conducting search at around 2120 hrs, 8(Eight) suspected Bangladeshi Nationals were found who failed to disclose their identity and address proof. The Case was registered and transferred to the Court of Additional Sessions Judge, Gomati Tripura, Udaipur. After hearing of both the parties, Ld. Court below convicted the appellant Under 14(A)(b) of Foreigners Act of IPC and thereby sentenced him to suffer simple imprisonment for 2 years for the commission of offence Under 14(A)(b) of Foreigners Act with fine of Rs.30,000.00 in default of payment of the same, he shall suffer SI for three months and also convicted under Sec. 3 of the Passport Amendment Act, 2000 and thereby sentenced him to suffer simple imprisonment for 3 months with fine of Rs.25,000.00 in default of payment of the same, he shall suffer SI for 2 (two) months for the commission of offence Under Passport Amendment Act, 2000 and both the sentences shall run concurrently. Hence this appeal.

(3.) During the course of the argument, Mr. Ratan Datta, learned counsel for the appellant has submitted before this court that in view of the changing circumstances, the appellants need to be pushed back to Bangladesh.