UMARHAYAT KHAN Vs. STATE

JUDGEMENT

(1.) THIS is a revision application by Umar Hayat Khan against the judgment of the Sessions Judge of Kotah, dated the 3rd April, 1950, by which an order of the City Magistrate of Kotah, dated the 19th January 1950, was upheld, convicting him of an offence under sec. 5 of the influx from Pakistan (Control) Act, 1949, and sentencing him to a fine of Rs. 51/- only. THIS case was first heard by one of us sitting singly, but as the points raised by the petitioner in his revision petition were of far reaching importance the case was referred to this Bench.

(2.) THE facts of this case are very simple. THE accused, who is Umar Hayat Khan, obtained a temporary permit from Pakistan some time in the month of November, 1948, and entered India under the terms of that permit and came to Kotah. THE period of the permit expired on the 8 (h of January, 1949 and ordinarily he should have returned to Pakistan before that date. In contravention of the terms of the permit he overstayed in India and did not return to Pakistan. He was, therefore, prosecuted under sec. 5 of the Influx from Pakistan (Control) Act. 1949.