Judgement

B. P. SINHA, J. : Petition Nos. 65 of 1958, under Art. 32 of the Constitution, on behalf of one Thomas Dana, and Criminal Appeal No. l12 of 1958, by special leave to appeal granted to one Leo Roy Frey (appellant), raise substantially the same question of some constitutional importance, and have, therefore, been heard together, and will be covered by this judgment. The main question for determination in these two cases, is whether there has been an infringement of the constitutional protection granted under Art. 20 (2) of the Constitution. For the sake of brevity and convenience, we shall refer to Thomas Dana as the first petitioner, and Leo Roy Frey, as the second petitioner, in the course of this judgment.

2. The relevant facts are these : The first petitioner is a Cuban national. He came to India on a special Cuban passport No. 11822, dated 16th November 1954 issued by the Government of the Republic of Cuba. The second petitioner is a citizen of the United States of America, and holds a U. S. A. passport No. 45252, dated 1st July 1955. In May 1957, both the petitioners, were in Paris. There, the second petitioner purchased a motor car from an officer of the American Embas