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1961 Supreme(SC) 162

B. P. SINHA, S. K. DAS, S. R. DASS, N. RAJAGOPALA AYYANGAR, K. C. DAS GUPTA, A. K. SARKAR
Fida Hussain – Appellant
Versus
State Of U. P. – Respondent


Advocates:
C.P.LAL, NAUNIT LAL

Judgment

SARKAR, J. : The appellant who had earlier left India, returned on a passport granted by the Government of Pakistan on May 16, 1953. He had a visa endorsed on his passport by the Indian authorities permitting him to stay in India for three months and this permission was later extended up to November 15, 1953. He did not, however, return to Pakistan within that date upon which he was convicted under S. 14 of the Foreigners Act, 1946, by a Sub-Divisional Magistrate on March 14, 1959, and sentenced to rigorous imprisonment for one year. His appeal to a Sessions Judge was dismissed and the High Court at Allahabad, on being moved in revision, refused to interfere with the order of the Sessions Judge. This appeal is against the judgment of the High Court.

2. The appellant had been convicted for breach of paragraph 7 of the Foreigners Order of 1948, issued under S. 3 of the Foreigners Act. That paragraph requires that every foreigner entering India on the authority of a visa issued in pursuance of the Indian Passport Act, 1920, shall obtain from the appropriate authority a permit indicating the period during which he is authorised to remain in India and shall, unless that period is














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