ALI MOHAMMED Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS revision petition has been filed against the appellate order of the learned Additional Sessions Judge No. 1. Jodhpur whereby he has maintained the conviction and sentence under Section 14 of the Foreigners Act of the accused -petitioner Ali Mohd. recorded by the learned Chief Judicial Magistrate, Jaisalmer vide his Judgment dated 5 -2 -1979. The accused -petitioner has been sentenced to five years rigorous imprisonment together with a fine of Rs. 300/ -and in default, to undergo two month's rigorous imprisonment.

(2.) THE facts necessary to be noticed for the disposal of this revision briefly stated are: that accused Ali Mohd. was caught by PW 5 Jet Singh, PW 2 Bhanwar Singh and PW 3 Lal Singh while he was crossing the Indian Boarder towards Pakistan. They were serving on B.O.P. Post 16 BSF, Dharmi. On 14 -2 -1977 in the morning at about 8 a.m., they went on gust duly between Pillers No. 563/1 and 563/2 and, there, they saw the fresh foot prints of two camels going towards Pakistan. They went in search of the camels and found this accused riding on one of those two camels. Two camels were also found loaded with goods which was to be smuggled to Pakistan. The accused petitioner was challenged by the Incharge of the party PW 5 Jet Singh and was arrested. He informed them that his Companion has gone to bring water towards Pakistan and, therefore, they, waited for him and when he did not come for sometime, they informed Anjutant Shri B.V. Singh, who immediately reached the Dharmi Outpost. He interrogated the accused -petitioner Ali Mohd. who informed him that he belongs to Pakistan and he has brought certain goods from Jaipur to smuggle them out to Pakistan. He was found in possession of one letter written in Urdu, which was addressed to a citizen of Pakistan for paying money to the accused. He also possessed a roadways ticket and some other paper chits. He was then taken to Police Station, Ramgarh where he was arrested and after investigation, the case again him was challaned under Section 14 of the Foreigners Act for contravention of Clause (3) of the Foreigners Order, 1948. As he was crossing the border to Pakistan by away which was not meant for crossing over from India to Pakistan, he could have been charged for the contravention of Clause (3) of the Foreigners Order 1948 but that, of course, was not done and he was only charged with the offence of entering India without any valid passport, or travel documents.

(3.) AFTER hearing the parties, the learned Chief Judicial Magistrate has held that the accused has entered India without any travelling documents of passport and he has not been able to prove that he is a citizen of India and therefore, for contravention of Clause (3) of the Foreigners Order, 1948, he has been convicted and sentenced as aforesaid. An appeal was filed against that order and that has also been rejected by the learned Additional Sessions Judge No. 1, Jodhpur. Hence this revision.