NAZIR HUSSAIN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an application to quash, certain proceedings now pending before a Presidency Magistrate.

(2.) The petitioner is one Nazir Hussain, a Mahomedan by birth. According to the prosecution he is a Pakistani national and was given a permit to visit India for one year. The permit it is said expired on 21-2-1951 and he was found living in Calcutta in April of this year. Overstaying this permit is claimed to be an offence under Section 5 Influx from Pakistan (Control) Act, Act XXIII of 1949.

(3.) The whole prosecution is based upon the failure to return to Pakistan at the conclusion of the period permitted by this permit. The case for the defence apparently is that Nazir Hussain is an Indian national and required no permit at all to (visit India and never asked for this permit which is tile basis of tins prosecution.