MANOHAR ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS revision is directed against conviction Under Section 14 of the Foreigners Act. The petitioner was sentenced to rigorous imprisonment for six months.

(2.) THE facts briefly are that the petitioner was a police constable under the Government of Assam posted at Silchar in 1947. At the time of partition of India, he opted for Pakistan and he was released from service under the Assam Government with effect from 13 -12 1947 and he was directed to report to the Inspector General of Police in Dacca. It is said, that the accused -petitioner entered India on 3 -10 -1954 with a Pakistan passport dated 26 -11 -1953 and Visa dated 6 -8 -1954 of Category 'B'. A photograph of the accused was pasted to the passport and the visa. He was thereafter found residing in the village Ramnagar in Cachar in September, 1965 and he was arrested and prosecuted" Under Section 14, as mentioned above.

(3.) ON the above facts, the question that arises for consideration is whether the accused has committed an offence Under Section 14. The charge against, the accused reads as under: -