Judgment

M.K. Mukherjee, J.-Leave granted in Special Leave Petition (Crl.) No. 593 of 1998.

2. These appeals have been heard together as they are directed against one and the same judgment rendered by the Kerala High Court. Facts leading to these appeals are as under:

3. On October 20, 1994, Shri S. Vija­yan, an Inspector of Police, then attached to the Special Branch, Thiruvananthapuram, arrested and took into custody Mariyam Rasheeda (appellant in Criminal Appeal No. 490 of 1997), who came on a visit to India from Maldives, on the allegation that even after the expiry of her visa she continued to stay in India in breach of paragraph 7 of the Foreigners Order, 1948. For the above breach a case under Section 14 of the Foreigners Act, 1946 was regis­tered against her by the Vanchiyoor Police Station (Crime No. 225 of 1994) and investigation taken up.

4. On November 13, 1994, on the complaint of Shri Vijayan another case was registered by Vanchiyoor Police Station (Crime No. 246 of 1994) against her (Mariyam Rasheeda) and Fouzia Hasan (appellant in the Criminal Appeal arising out of S.L.P. (Crl.) No. 593 of 1998) for offences punishable under Sections 3 and 4 of the Indian Officials Secr