BADRUL HASAN Vs. STATE

JUDGEMENT

(1.) Badrul Hasan applicant is being prosecuted before a learned Magistrate under the Influx from Pakistan (Control) Act, 1949. The police arrested the applicant at Ajmer on 27th February 1950. It was found that, he was in possession of a transit permit for a journey from West Pakistan to Dacca in East Pakistan. The transit permit was valid for a period of 15 days from 8th January 1950 to 22nd January 1950. The accused was prosecuted on the grounds that, the transit permit was not surrendered at Calcutta as required by rules, and the accused visited Ajmer without a valid permit. The accused raised an objection before the learned Magistrate that, the Court at Ajmer had no jurisdiction to try these offences. This objection was overruled by the trial Court. The accused filed a revision application before the learned Sessions Judge. The application was rejected. Badrul Hasan has now filed the present revision application before this Court raising the same point.

(2.) In the present case we are concerned mainly with the question of jurisdiction. In the police charge sheet the charges against the accused were put forward as follows :

(3.) The prosecution does not appear to be quite sure about the applicant's movements in January and February 1950. But the second charge implies an assumption that, the accused crossed from India to East Pakistan without surrendering the transit permit at Calcutta. So for the purposes of the present revision application we may assume that, the accused came from West Pakistan, went over to East Pakistan, and later arrived at Ajmer.