That was the defence of the respondent, namely that he was number a foreigner.
Thiagarajan for N. S. Mani, for respondent.
C. Setalvad, Attorney General of India, T. V. R. Tatachari and T. M. Sen, for the appellant.
Appeal by special leave from the judgment and order dated October 27, 1958, of the Andhra Pradesh High Court at Hyderabad in Criminal Revision Case No.
On September 3, 1957, an order dated August 9, 1957, made by the Government of Andhra, Pradesh requiring him to leave India, was served on the respondent As the respondent did number leave India as directed by this order, he was prosecuted with the result earlier stated.
The only evidence on the record of the date when he left India, shows that must have been at the end of 1954 or early in 1955.
and bad always been in India.
395 of 1958.
April 4.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
The Judgment of the Court was delivered by SARKAR, J. The respondent was companyvicted by the Judicial Magistrate of Adoni in the State of Andhra Pradesh, under s. 14 of the Foreigners Act, 1946.
His appeal to the Sessions Judge of Kurnool was dismissed.
The facts found were these On January 20, 1955, the respondent had companye to Adoni on a passport granted by the Government of Pakistan which bore the date January 10, 1955.
Now the order companyld number be made on him, neither companyld he be companyvicted for breach of it, if lie was number a foreigner.
There is evidence to show that he had been paying rent for his ,hop at Adoni for about ten years prior to 1958 and his parent s. brothers, wife, and children were.
Hence the present appeal by the State of Andhra Pradesh.
On some date, number precisely ascertainable from the record, he appears to have made a representation to the Government of India for extension of his visa till September 2, 1957, on grounds of health.
The respondent companytinued to stay on in India after that date.
He then moved the High Court of Andhra Pradesh in revision and the revision petition was allowed.
The passport showed that the respondent was born at Adoni in 1924 The respondent appears to have produced an extract from the municipal birth register, which is number on the record, but presumably showed that he was so born.
The passport had endorsed on it a visa granted by the Indian authorities which permitted the respondent to stay in India up to April 14, 1955.
192 of 1959.
