MOTILAL Vs. STATE

JUDGEMENT

(1.) THIS is a reference by the Dist Mag, Jodhpur, recommending that the judgment of the City Mag, Jodhpur, dated 22-8-1949, convicting one Vazira under the Influx from Pakistan Control Ordinance, 1948, & sentencing him to two months' R. I. , be set aside.

(2.) THE learned Asst Govt Advocate, be it said to his credit, frankly admitted that there is no evidence on the record to show that Vazira came to India from Pakistan. He further admitted that the only witness who could depose to Vazira coming from Pakistan was Budhsingh & he has not been produced on behalf of the prosecution. Under the circumstances, he conceded, Vazira's conviction could not be supported. He thus, supported the reference.