JUDGMENT - DATAr, J. :

This is an appeal filed by the State of Bombay against the order of acquittal passed by the Judicial Magistrate, First Class, Ankleshwar in Criminal Case No. 996 of 1957.

(2) The case of the prosecution was that the present respondent Mahomedkhan Navarangkhan is a foreigner being a National of Pakistan. As such national he obtained a Passport from the Government of Pakistan at Karachi on 9-6-1952 which was valid upto 9-6-1957.

(3) On 3-7-1956 he applied for Visa for India to enable and authorise him to enter the Indian territory to see his father and other relatives in the State of Bombay. The High Commissioner for India in Pakistan granted him Visa of the Category C being No. 49900 and dated 3-7-1956. It was stated in the Visa that it was valid for three months from the date of entry, which meant that the respondent, in whose favour it was issued, was1 to remain in India for a period of three months from the date of his arrival on the Indian territory. The respondent entered India on 12-7-1956, and accordingly he was allowed to stay in India till 11-10-1956. But he did not leave India even after 11-10-1956.

(4) On 21-6-1957, the District Police Superintendent,

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