ABDUL MATIN Vs. THE STATE

JUDGEMENT

(1.) THE petitioner in revision Abdul Matin was convicted by Magistrate Second Class, Dharmanagar, for an offence punishable under Section 6 of the Indian Passport Rules, 1950 and sentenced to pay a fine of Rs. 25/ - or in default to undergo imprisonment for a month. He also ordered that the Petitioner be removed from India by the Officer -in -charge Dharmanagar on the payment of fine or after undergoing imprisonment in case of default, presumably under Section 5 of the Indian Passport Act, 1920.

(2.) THE prosecution case was that the petitioner who is a Pakistani citizen, had entered India without a Passport and was arrested Order 16 -2 -1957 on Indian soil, namely on the way between Fatikuli and Dharmanagar both of which are in India. The defence was that he was born in Tripura State, and though his father is a Pakistani citizen, he always lived in India, and was brought up by his mother's sister, who lives at village Fatikuli. That he was living at Fatikuli since at least sometime before was also admitted in the charge sheet filed by the Police.

(3.) BUT it appears that this question, which was the real question involved, was lost sight of, and the learned Magistrate applied himself to the question whether the Petitioner was a citizen of India or not, and on reaching the finding that he is a Pakistani national recorded the conviction as already stated and the appellate Court also upheld this.