HABIBUR RAHMAN KHAN Vs. THE STATE

JUDGEMENT

(1.) THIS is a revision petition against the order of the Deputy Commissioner, Garo Hills, convicting the petitioner under Section 3(3) of the Indian Passport Act and sentencing him to pay a fine of Rs. 50/ -. The facts of the case briefly are that the petitioner Habibur Rahman came to India on the basis of a Passport. The period of his stay under the Visa however expired and he continued to reside at Singimari village under Phulbari Police Station, According to the prosecution, he thus violated Rule 6 of the Indian Passport Rules of 1950 and he was sent up for trial under Section 3(3) of the Indian Passport Act. Section 3 of the Indian Passport Act provides as follows:

(2.) RULE 6 only provides for punishment for contravention of Rule 3. Rule 3 only prohibits persons from1 entering or attempting to enter India by water, land or air without a valid passport. Rule 3 does not with the question of overstaying in India after expiry of the period of Visa Under these circumstances, it cannot be said that on the facts the petitioner contravened the provisions of Rule 3, and thus he cannot be prosecuted under Section 3 of the Act or Rule 6 of the Rules.

(3.) IN the circumstances, I allow this revision, set aside the conviction and sentences passed against the petitioner. The fine, if paid, should be refunded.