STATE OF ORISSA Vs. ABDUS SOVAN KHAN

JUDGEMENT

(1.) PROSECUTION case is that Respondent Abdus Sovan Khan came to India on 8 -11 -1956 with the Pass Port (Ext. 4) and Visa (Ext. 4/a). He was permitted to stay for two months inside India. As he did not leave India after the requisite period, the notice (Ext. 5) was served on him on 24 -6 -1960 to quit India by 23 -7 -1960. As there was non -compliance, the F.I.R. (Ext.l) was lodged by P.W. 1 on 17 -10 -1960 prosecuting the Respondent under Section 14 of the Foreigners Act (hereinafter referred to as the Act), for contravention of Section 3, Sub -section (2), Clause (c) of the Act. The Respondent took the defence that he was a citizen of India and not a foreigner and was therefore not liable to be convicted under Section 14 of the Act, for contravention of the order under Section 3(2)(c). The trial Court, found that he was a citizen of India and that in the absence of decision of the Central Government that he has acquired citizenship of Pakistan, the prosecution was misconceived. He accordingly acquitted the Respondent. Against this order of acquittal, the State has filed the appeal.

(2.) TO appreciate the contentions raised, Section 3(2)(c) may be quoted:

(3.) ARTICLE 5 of the Constitution lays down At the commencement of this Constitution every who has his decide in the territory of India and who was in the territory of India; or person 498(b) either of whose parents was born in the territory of India or (c) who has been ordinarily resident in the territory of India for not less than five years immediately preceding such commencement, shall be a citizen of India.