BIMALA KANTA GHOSH Vs. STATE

JUDGEMENT

(1.) This is an application to quash certain proceedings now pending against the petitioner.

(2.) The petitioner who is an Indian citizen went to Pakistan. He was given a permit by the High Commissioner at Karachi to return to Calcutta. The permit was issued upon the following conditions:

(3.) It is alleged that the petitioner did not proceed direct to Calcutta and did not surrender his permit within seven days of his arrival. He was accordingly prosecuted under section 5 of the Influx from Pakistan (Control) Act (Act (XXIII [23] of 1949). Sub-section (1) of section 5 of that Act roads: