Judgement

IMAM J.; The appellant was convicted under R. 6 (a) of the Indian Passport Rules, 1950, hereinafter referred to as the Rules, made under S. 3 of the Indian Passport Act, (34 of 1920) hereinafter referred to as the Act, and was sentenced to pay a fine of Rs. 100. The High Court in exercising its revisional jurisdiction upheld the conviction but reduced the sentence to a fine of Rs. 25. It granted a certificate to the appellant that the case was a fit one for appeal to this Court.

2. It is beyond dispute now that the appellant is a citizen of India. Admittedly he entered the territories of India without a passport. The sole question for determination is whether his act in so entering the territories of India amounted to an offence punishable under Rule 6 (a) of the Rules.

3. The Act was passed in 1920 and has been the subject of amendment and modification thereafter. Its preamble states "whereas it is expedient to take power to require passports of persons entering India, it is hereby enacted as follows." "Passport" has been defined as a passport for the time being in force issued or renewed by the prescribed authority and satisfying the conditions prescribed relating to the c