The learned Chief Judicial Magistrate, Jaipur found that the accusations against the accused appellants were fully established.
Sunita alias Sonu alias Nagma companyvicted and sentenced to undergo simple imprisonment for three years and to pay fine of Rs.5,000/ with default stipulation.
15 and verified the information given that the persons accompanying with Bhagwan Sahai Sain R o Village Aakedadugar is a Pakistani resident who is living in India illegally.
Sunita SonuNagma were also arrested as they were helping Habib Ibrahim who was living in Indian illegally.
On the basis of suspicion he was searched in the presence of witnesses and a Pakistani passport was recovered from his pocket and tourist visa for six months for Nepal, telephone bills were recovered from him.
The State opposed the stand companytending that the appellant knowingly and willfully came and stayed in India without any passport.
1t alongwith two witnesses.
Thereafter at about 8.15 am he reached at Bus stand No.
He did number give any satisfactory answer.
Whether he is resident of Pakistan or Onam as claimed, the appellant had only a tourist visa to visit Nepal and that too the currency period of visa was only six months.
The documents authorizing stay in India were demanded from Habib Ibrahim and he was asked the reasons for companying to India.
During investigation a spot map was prepared and the statement of accused were recorded and they were arrested.
Accordingly companyviction was recorded and sentence was imposed.
3 Mullah Allah Dadlen Gobol Road, Liyari, Karachi, Pakistan.
Background facts in a nutshell are as follows SHO Vidhadhar Nagar, Jaipur acting upon the information of informant on 13.1.2004, the then SHO Richpal Singh alongwith Superintendent of Police reached at Vidhyadhar Nagar bus stand No.
Long thereafter the appellant was found in India without a passport.
In the Criminal revision filed before the High Court, stand taken was that he had companye to meet his wife and children who were residing at Jaipur.
It was further submitted that since the accused had suffered custody for more than three years and nine months, a liberal view has to be taken.
After companyplication of investigation, charge sheet was filed.
He found one person with Bhagwan Sahai.
Upon inquiry, he told his name to be Habib Ibrahim, son of Ibrahim Rahamtullah R o Gali No.
On the information of accused Habib Ibrahim, Nepalese currency, a reliance mobile of Nokia companypany and tickets of airlines, documents and cash relating to Bangladesh and Indian currency were recovered from his house at 8/37 Vidhyadhar Nagar which were seized and produced before the companyrt.
14/2004 was registered and investigation started.
Dr. ARIJIT PASAYAT, J. Leave granted.
Challenge in this appeal is to the judgment of a Learned Single Judge of the Rajasthan High Court, Jaipur Bench, upholding the companyviction of the appellant for offence punishable under Section 3 read with Section 14 of the Foreigners Act, 1946 in short the Act and sentence to five years rigorous imprisonment with fine of Rs.25,000/ with default stipulation.
Bhagwan Sahai and Smt.
While company accused Bagwan Sahai Sain acquitted, the other accused Smt.
