Judgment

GAJENDRAGADKAR, C.J.I. :

This is an appeal by Abdul Sattar Ibrahim Patel by which he challenges the correctness and validity of the order passed by the High Court of Gujarat, convicting him under S. 14 of the Foreigners Act (XXXI of 1946) and sentencing him to suffer rigorous imprisonment for one year and to pay a fine of rupees one thousand, in default rigorous imprisonment for one year. The appellant was charged before the Judicial Magistrate (Ist Class) at Godhra with having committed an offence under S. 14 of the Foreigners Act. The case against him was that he was a foreigner and a national of Pakistan, and as such had obtained Passport No. 351544 from the Government of Pakistan on August 11, 1955, and had secured a C Visa No. 22144, on October 5, 1957. It was alleged that with the said passport and C Visa the appellant entered India on October 13, 1957, and obtained residential permit No. 322/57 valid upto December 12, 1957. The said permit was extended from time to time until April 12, 1958. Since the appellant did not leave India even though the residential permit issued in his favour had expired, he was alleged to have contravened the provisions of cl. 7 of the