He went back to Pakistan.
The Delhi Administration returned his Pakistani passport to him in order to enable him to return to Pakistan.
The Circuit Bench of the Punjab High Court set aside the companyviction and relying on the decision of this Court in Shanno Devi v. Mangal Sen held that Mohd.
He came to India for the second time on 14 May, 1955 and obtained extension of visa upto 21 May, 1956.
The charge in the present case was framed in the year 1960 and it was on the ground that he was required to obtain the residential permit on or before 5 January, 1960 and that in companytravention thereof he companytinued to stay at Delhi without obtaining the requisite residential permit on or before 5 January, 1960 and was apprehended on 5 October, 1960 without possessing any residential permit.
On 11 July, 1957 he was arrested for violation of Rules 3 and 6 of the Indian Passport Rules, 1950 for the offence that he had entered India from Pakistan without a passport.
Iqbal had number migrated from India.
On 31 July, 1957 he was acquitted.
He came to India for the third time on 31 May, 1956 after having obtained a visa on 25 May, 1956.
The respondent Mohd.
The prosecution case was that the respondent left India in 1947 and came to India with a Pakistani passport dated 27 March, 1954.
Iqbal was companyvicted by the Sub Divisional Magistrate, Delhi on 22 July, 1964 Under Section 14 of the Foreigners Act and sentenced to undergo six months rigorous imprisonment.
On 25 March, 1955 he left India for Pakistan.
It may be stated here that in 1959 an amendment was made in paragraph 7 2 of the Foreigners Order of 1948 whereby all foreigners were required to obtain residential permits by 5 January, 1960.
He did number leave India.
On 27 April, 1954, the respondent obtained visa at Lahore for entry into India and on 2 May, 1954 he applied for extension of the visa upto 2 April, 1955.
Thereafter he remained in India.
The Pakistani passport was valid upto 26 March, 1959.
The order was upheld on appeal by the Additional Sessions Judge on 15th April, 1965.
The certificate was given on the principal ground whether the respondent had migrated to Pakistan or was a citizen of India.
N. Ray, J. This appeal is by certificate under Article 132 i and Article 134 i c of the Constitution against the judgment dated 2nd August, 1965 of the Circuit Bench of the Punjab High Court at Delhi.
