STATE OF ASSAM Vs. MD. HABIBUR RAHMAN

JUDGEMENT

(1.) THIS is an appeal by the State against an order of acquittal passed by the Magistrate at Karimganj.

(2.) THE respondent was charged under Rule 6 (a) of the Indian Passport Rules 1950 for having entered India without a valid document. Rule 6 (a) lays down that any person who contravenes or abets the contravention of the provision of Rule 3 will be liable to be convicted. Rule 3 provides that save as provided in Rule 4, no person proceeding from any place outside India shall enter or attempt to enter. India by water, land or air unless he is in possession of a valid passport conforming to the conditions prescribed in Rule 5. It is not disputed that the respondent attempted to enter India without a valid pass - port. The trial proceeded on the assumption that he is an Indian national. The Magistrate seems to be of opinion that in view of the provisions of Rule 4 (l)(f) he is exempted from the operation of Rule 3. Rule 3 itself applies to all persons irrespective of the fact whether they are Indian citizens or not. No doubt it makes exception in the case of persons who are covered by Rule 4. The Magistrate seems to be of opinion that the respondent comes under Rule 4 (1) (f) which reads as follows:

(3.) THE next point urged is that clause (f) of I Rule 4 applies to this case. The restriction that one should come through the Nepalese or Bhutan is frontier applies to coming by air and by land. In our opinion, there is no force in this contention either.