ARSHAD MEHMOOD Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgment of Special Judge under Enemy Agents Ordinance, Jammu dated Nov. 30, 1989 convicting the accused appellant u/S.14 Foreigners Act and S.3 Passport, Entry to India, Act and sentencing him to undergo rigorous imprisonment for 3 1/2 years and a fine of Rs. 200 / - and rigorous imprisonment for three months respectively. Both the sentences have been ordered to run concurrently. It was further directed that the sentence shall start on 4/07/1990 i.e. after expiry of period of detention of the accused under Public Safety Act.

(2.) Arshad Mehmood, appellant, is a Pak national and during the intervening night of 19/ 20/05/1988 in ambush laid down by B.S.F. personnel he was apprehended on this side of Indian territory near Indo-Pak border. One pocket diary containing certain important names and telephone numbers of Pak Intelligence personnel and Pak currency notes of rupees three were recovered from him. B.S.F. authorities handed over the accused to police station Arhia which registered a case and ultimately challenged him u/Ss. 3-R.A.O.; 14 Foreginers Act and 3(3) Passport, Entry to India Act, Learned Special Judge after recording evidence of the witnesses acquitted him of the charge under Enemy Agents Ordinance but convicted and sentenced him as aforesaid.

(3.) I have heard the learned counsel for the parties. Mr. Bhardwaj learned counsel appearing for the appellant is not now aggrieved of the impugned Judgment excepting a portion of the order that the sentence to commence from 4-7-1990. According to him such order is quite illegal and the sentence is required to start from the date it was awarded with set off as permissible under law. Mr. Anand learned Government Advocate has, however contended that the appellant was detained under Public Safety Act for a certain period and the Judge has thus rightly ordered for commencement of the punishment from expirty of that period of detention.