UGWUMSINACHI ONIYA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Limitation petition, bearing I.A. No.1 of 2020, has been filed for condoning the delay of 33 days in filing the instant revision application.

(2.) In view of cause being shown in the interlocutory application praying for condonation and there being no opposition from the learned A.P.P., I.A. No.1 of 2020 stands allowed. The revision application is deemed to have been filed within time. Re: Criminal Revision No.213 of 2020 This revision application is limited to the question of legality of the sentence awarded by the court of A.C.J.M.-V, Sitamarhi under the judgment and order dtd. 18/10/2019 in G.R. No.1109 of 2019 arising out of Runnisaidpur P.S. Case No.103 of 2019. The learned court has convicted the petitioners for the offence punishable under Sec. 14 of the Foreigners (Amendment) Act, 2004 (hereinafter referred to as "the Act") and sentenced to undergo simple imprisonment for three years, setting off the period undergone by them prior to passing of the sentence in judicial custody.

(3.) According to the prosecution case, it is stated that the informant was deputed as Executive Magistrate during the election. On 14/3/2019 at 6:30 A.M., one Amar Jyoti Bus, bearing registration No.BR 06PA7167, on way from Sitamarhi to Patna was stopped at Runnisaidpur Police Station by the Driver of the bus along with the passengers. The Driver intimated that two foreign nationals (these petitioners) have boarded the bus for going to Patna and he found their activities to be doubtful. Petitioners were thus questioned by the informant along with police officials. They have admitted to reach Sitamarhi through Siliguri in India from Kakarbitha (Nepal). They have stated that they were going to Patna. On search, they were found to be in possession of passport issued on 13/11/2018 and valid up till 12/11/2023. In respect of Petitioner Nos.1 and 2, a tourist visa for 15 and 30 days respectively, was stamped on their passports. Petitioner Nos.1 and 2 have arrived in Nepal on 8/3/2019 and 11/3/2019 respectively. Their visa was to expire on 22/3/2019. It is further the prosecution case that Indian, Nigerian, Canadian and American currency was recovered from the petitioners. Five mobile sets with SIM cards, voter card of the Federal Republic of Nigeria, clothes, other articles of daily use, some CDs, tablet, including old passport were found in their possession.