7 of the Foreigners Order, 1948.
He was companysequently arrested and prosecuted under sec.
He had at that time numberpermit as required by cl.
31, 1947, releasing him from service and directing him to report to the Inspector General of Police, Dacca for service there.
Appeal from the Judgment and order dated November 12, 1968 of the Assam and Nagaland High Court in Criminal Revission No.
In the revision application filed by him in the High Court of Assam and Nagaland, the High Court, relying pip Fidea Hussain U.P. 1 , reversed the said order of companyviction and sentence and 1 1962 1 S.C.R. 776.
On the strength of that visa, he entered India on April 4, 1955.
He appears to have returned,to Pakistan on April 25, 1954.,
7 of the Foreigners Order read with s. 14 of the Foreigners Act, 1946 and sentenced him to rigorous imprisonment for a period of six months and directed that he should to deported from India after he had served out the sentence.
2155, dated December.
P. Gupta, for the appellant A. Setyid Mahmud and S. K. Nandy, for the respondent.
14 of the Foreigners Act, 1946 read with cl.
accepting the revision acquitted him.
On January 27, 1955, he again applied for and obtained an Indian visa which was valid upto January 26, 1955.
Instead of returning to Pakistan, he overstayed beyond January 26, 1955 until he was detected on October 9, 1964 in the village Niargram, Salchar Sub Division in the house of one Tozamul Ali Majumdar.
On appeal by the respondent against the said order of companyviction and sentence, the Sessions Judge, Silchar upheld the said order of companyviction and sentence.
7 of the Foreigners Order, 1948, as amended in 1959.
407, serial No.
The Judgment of the Court was delivered by Shelat, J. Prior to August 15, 1947, the respondent was in the service of the Government of Assam as, an unarmed Police Constable bearing No.
73 of 1968.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
He entered India on December 23, 1953 on the strength of a Pakistani passport, dated September 10, 1953 and an Indian visa dated November 11, 1953.
The Additional District Magistrate, Silchar companyvicted him under cl.
The respondent thereafter went to the then East Pakistan and joined Pakistan Government service as a peon in the sub registrars office at Fenchugani, District Sylhet.
On partition, he opted for service in Pakistan.
Consequent on his exercising such option, the Assam Government passed an order No.
176 of 1969.
