STATE OF SIKKIM Vs. BUGLAR MUSLIM

JUDGEMENT

(1.) This criminal revision was registered suo motu by this Court in order to be satisfied as to the correctness, legality and properiety of the order dated 10-2-2000 delivered by Mrs. M.M. Rai, the then Judicial Magistrate, West Sikkim in Criminal Case No. 1/2000.

(2.) By the impugned order, charges were framed against the accused-respondent under Section 14 of the Foreigners Act, 1946 to which he pleaded guilty. He was sentenced to imprisonment for one month and also to pay a fine of Rs. 500.00 and in default of payment of fine to undergo further imprisonment of one month. Thereafter, the order reads as under :-

(3.) In the order, the learned Magistrate did not state even the bare facts. She did not state as to which Nationality the accused belonged. In the charge framed also there is no such mention. The charge states:-