AFZAR ALI BAIG Vs. STATE

JUDGEMENT

(1.) This is a revision against the appellate judgment of the Additional Sessions Judge of Cut-tack maintaining the conviction of the petitioner under Section 14 of the Foreigners Act 1946 and the sentence of three months rigorous imprisonment and a fine of Rs. 50/- passed by a First Class Magistrate, Cuttack.

(2.) The petitioner was originally a resident of village Routrapur, Sadar P. S. in Cuttack district where his father Mohammad Ali Baig (D. W. 1) has a house and some lands. The said Mohmmad Ali Beig is working as a sorting postman in the Postal Department at Cuttack. The petitioner appears to have been born in village Routrapur on the 4th November 1935, He studied in Angul High School from 1943 to 1951. He failed in the Matriculation Examination and then left Orissa in September 1952 for Dacca in East Pakisthan where he managed to secure a job as a clerk in the General Post Office. Early in 1955 he applied for a visa for a trip to Orissa to sec the parents and near relations (vide Ex. 9). In that application he described himself as of Pakistan nationality stating that he held a passport No. 417858 dated 21-12-53 issued by the passport officer, Government of East Bengal. He applied for a B visa available for a period of one year from 7-3-55. The visa was issued in due course and was made valid from 10th March 1955 to 9th March 1956. Having thus entered India with the said passport and the said Visa the petitioner never returned to Pakistan after the expiry of the period. On the other hand, he appears to have applied for a permit, for long term stay in India, to Government who however rejected the same. He was informed on the 29th August 1955 (Ex. 2) that he should leave India within two months Again on the 26th February 1957 (Ex. 3) he was directed to leave India within one month. In a subsequent letter of June 1957, 'Ex. 4' the Government of Orissa made it clear that the prayer of the petitioner for grant of a permanent resettlement permit in India had been rejected by the Government of India and that he should leave the country within one month failing which he should be deported under the provisions of the Foreigners Act. Then, on the 16th October 1957, (Ex. 5) the State Government informed the Superintendent of Police, Cuttack through the Special Branch that a notice should be served on the petitioner to quit the country within a month from the date of service of the notice. On receipt of this letter the Superintendent of Police issued notice to the petitioner (Ex. 6) on the 1st November 1957, directing him to leave India within a month from the date of receipt of the same. Though the notice was served on the petitioner on 20th November 1957 he did not leave India within the period prescribed therein. On the other hand his mother filed a representation on his behalf (Ex. 8) to the Prime Minister of India requesting him to stay the operation of the deportation order. Nothing came out of this representation and in due course the petitioner was prosecuted and convicted and sentenced as stated above,

(3.) Mr. R. Mohanty for the petitioner challenged the legality of the conviction on the followinng three grounds :