SAMIRUL MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Petitioner has assailed order dated 07.01.2014 whereby charge has been framed against him under Section 14A(b) of the Foreigners Act on the allegation that he, not being an Indian citizen, had entered and stayed in India without valid travel documents.

(2.) Learned counsel appearing for the petitioner argued that as the petitioner had not entered into any restricted area, he could not be booked under Section 14A of the Foreigners Act. He relied on Tarikul Islam Sardar-vs.-State of W.B., 2009 1 CalCriLR 571in support of his submission.

(3.) Learned counsel appearing on behalf of the State submitted that Section 14A of the Foreigners Act applies not only to an unauthorised entry into any restricted area within the territory of India but also to an unauthorised entry and stay in India without valid documents as required under the law. It is the case of the prosecution that the petitioner, who was not Indian national, had entered into the country and remained here without valid documents and, therefore, there was strong suspicion against him as to commission of the offence under Section 14A(b) of the Foreigners Act warranting framing of charge. He relied on an unreported decision of this Court dated 21.12.2012 in C.R.R. 4076 of 2012 in support of his contention.