STATE Vs. ABDUL HAMID KHAN

JUDGEMENT

(1.) IN this appeal against acquittal question for consideration is whether Respondent is guilty of offence under Section 14 of the Foreigners Act, 1946 (hereinafter referred to as 'the Act') which reads as follows:

(2.) PROSECUTION case is that accused entered into India on 25 -1 -1971 with a passport valid for six months. He remained absent by not intimating to Superintendent of Police, Ganjam who was in possession of the passport with Photo and his identity card till 4 -2 -1976. Accordingly, a look out notice was issued as accused was not traced out since 1972. On the accused being traced out at Parlakhemundi, an order of Government of Orissa in Home Department was served on him on 24 -10 -1979 directing him to leave India within one month. As accused violated that order, he was prosecuted.

(3.) UNDER Section 9 of the Act burden lies on the accused to prove that he is a citizen of India. See - : 59 (1985) C.L.T. 387 :, 1985 C.L.R. 158 (State v. Abdul Aziz Khan). In the present case accused has not proved the same.. Even the plea raised by him does not give a prima facie impression that he is a Citizen of India.