RAHMAN SHEIKH Vs. STATE

JUDGEMENT

(1.) This application in revision is directed against an order convicting the petitioners for an offence under Section 6(a) of the Indian Passport Rules.

(2.) What happened is as follows: The petitioners crossed into the Indian territory on January 12, 1964, from East Pakistan and they were arrested 'by the police as they had no valid passport. Upon this allegation they were placed for trial before a learned Magistrate. They were eventual found guilty and convicted under Section 3(3) of the Indian Passport Act and sentenced to pay a fine of Rs. 500 each, in default to suffer rigorous imprisonment for six months each.

(3.) There was an appeal from the order of the learned Magistrate and the learned Additional Sessions Judge of Murshidabad up-held the conviction but under Rule 6(a) of the Indian Passport Rules, he reduced the sentence of imprisonment in default of payment of fine to three months only.