Judgment

AYYANGAR, J. :

This appeal, by special leave, against the judgment of the High Court of Jodhpur raises for consideration the legality of the conviction of the appellant for a contravention of S. 3 of the Foreigners Act (Act XXXI of 1946) which is an offence under S. 14 of that Act. The relevant portion of S. 3 enacts :

3. (1) The Central Government may by order make provision, either generally or with respect to all foreigners or with respect to any particular foreigner or any prescribed class or description of foreigners, for prohibiting, regulating or restricting the entry of foreigners into India or their departure therefrom or their presence or continued presence therein.

(2) In particular and without prejudice to the generality of the foregoing power, orders made under this Section may provide that the foreigner-

(a) shall not enter India or shall enter India only at such times and by such route and at such port or place and subject to the observance of such conditions on arrival as may be prescribed;.. . . . . . . . . . . "

Section 14 reads :

"14. If any person contravenes the provisions of this Act or of any order made thereunder, or any direction given in pursuance of