SAYED ABDUL HAQUE Vs. STATE

JUDGEMENT

(1.) THE Petitioner has been convicted under Section 14 of the Foreigners Act of 1946 and sentenced to undergo R.I. for six months and to pay a fine of Rs. 600/ - in default to undergo, R.I. for six months more.

(2.) THE case of the prosecution is briefly this: The Petitioner who is a resident of Cuttack, left India for Pakistan in 1947, settled there and became a Pakistani national. He came to India under a Pakistani permit dated 30.9.1952 granted by Pakisthan Government., the condition was that he was to enter India between 6 -10 -1952 and 12.10.1952 and go back to Pakisthan by 4 -11 -1952. The Petitioner, however, did not return to Pakisthan by the due date, but continued to remain in India. In exercise of the powers vested under Section 3(2)(c) of the Foreigners Act (Act XXXI of 1946) (hereinafter referred to as 'the Act'), the Home Department of the Government of Orissa letter No. 21916 -PPT dated 29 -10.1960 (ext. 1) issued a notice and directed him to quit India within one month from the date of receipt of notice. The said notice was served on the Petitioner on 11 -11 -1960 as will appear from ext. 5. The Petitioner filed an application (Ext. 2) dated 11 -11 -1960 to the Government of Orissa for extension of his stay on the ground of illness. He also made a further prayer to stay permanently in India as an Indian citizen. As the Petitioner failed to quit India within one month from the date of receipt of the notice, he was prosecuted under Section 14 of the Foreigners Act, for contravening the aforesaid order of the Government.

(3.) THE trial court held that he is not an Indian citizen and that since he has failed to quit India in accordance with the notice, ext. 5, he found him guilty under Section 14 and sentenced him as stated above. The appellate court maintained the conviction and the sentence; hence this revision.