CHARAN NASKAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The Court:

(2.) This is an application for quashing of a proceeding in which a charge-sheet was submitted under Sections 14 and 14A of the Foreigners Act.

(3.) Learned counsel appearing on behalf of the petitioner submits as follows. The accused/petitioner was an Indian national against whom the prime allegation was that he had harboured a foreign national. The co-accused foreign national, after obtaining bail, absconded. The prime accused was arrested from a road. In fact, the police received an information that a Bangladeshi national was moving around aimlessly and that is why they conducted a raid. After being arrested, the said co-accused stated to the police that he was staying in the house of the present petitioner. First, the statement of a co- accused made to a police officer is not admissible in evidence. Besides, there is no tenancy agreement or rent receipt whatsoever that could be seized in this case. Even the statements of witnesses indicating the stay of the Bangladeshi national at the petitioner's place are hearsay in nature. Any abetment for commission of an offence under the Foreigners Act has to be a conscious act, as per Section 13(2) of the said Act. In any event, no charge is made out against the present petitioner under Sections 14 and 14A of the Foreigners Act.