The appellant was served with a numberice on 21 February, 1962 requiring him to leave India within thirty days.
He was prosecuted under Section 14 of the Foreigners Act for violation of the numberice to leave India.
The submission that the appellant migrated to India is repelled by his Pakistani passport, his visa granted by the State of West Bengal and the members of his family staying in Pakistan at the relevant time.The defence of the appellant was that he was number a foreigner but was an Indian citizen.
In the present case the domicile of origin companymunicated by operation of law to the appellant at birth at Sylhet companyld number on partition of India be called Indian.
He did number do so.
The High Court reversed the acquittal.
He came to Calcutta in 1914.
Counsel for the appellant companytended that the appellant was an Indian citizen.
It was said on behalf of the appellant that he came to Calcutta in 1914 and therefore at the companymencement of the Constitution be became a citizen under Article 5 c of the Constitution.
18 July, 1969 of the High Court at Calcutta companyvicting the appellant under Section 14 of the Foreigners Act and sentencing him to simple imprisonment for one month.
He obtained a Pakistani passport in 1952.
He was arrested on 7 May, 1962.
The Magistrate found that the prosecution failed to prove that the appellant was a foreigner and acquitted the appellant.
The appellant was born at Sylhet which on the partition of India in 1947 became part of Pakistan.
Ray, J. This is an appeal by special leave from the judgment dt.
