MD. AFIL Vs. THE STATE OF WEST BENGAL

JUDGEMENT

(1.) The subject matter of challenge in this appeal is the judgment, order of conviction and sentenced dated Feb. 26, 2009 and Feb. 27, 2009 respectively passed by the Ld. Additional District and Sessions Judge, 1st Fast Track Court, Raiganj, Uttar Dinajpur in Sessions Case No. 242 of 2008. By virtue of the impugned judgment appellant was convicted for commissioning of the offence punishable under Sec. 14A(b) of the Foreigners Act and was sentenced to suffer rigorous imprisonment for 8 years and to pay a fine of Rs. 10,000.00 in default to suffer rigorous imprisonment for six months more with direction for set off as per provisions of Sec. 428 of the Code of Criminal Procedure.

(2.) The case of the prosecution, in brief, is as follows:-

(3.) On the basis of the above complaint, Hemtabad P.S. Case No. 72 dated Aug. 3, 2008 was started against the appellant for the commission of the offence punishable under Sec. 14A(b) of the Foreigners Act and the case was endorsed to P.W.8 for investigation who then investigated this case and after completion of investigation submitted charge sheet being No. 69 of 2008 dated Aug. 7, 2008 against the appellant for the commission of the offence punishable under Sec. 14A(b) Foreigners Act.