JUDGMENT - SHAH, J.:

The Superintendent of Police, Kama, served a notice upon the respondent Ibrahim Nabiji dated 20th August 1957 that the respondent who was a foreigner as defined under sec. 2(a) of the Foreigners Act, 1946, as amended by the Foreigners Laws (Amendment) Act, 1957, having entered India on 31-1-1956 through the Banner Check post on a Pakistan passport No. 374894 dated 3-12-1955 bearing an Indian Visa No: 5993 dated 27-1-56 valid for stay in India till 30-4-56, was unauthorisedly staying in India since 1-5-56 and he was, therefore informed that he should leave India within one month from the date of receipt of the notice, and that failing compliance with the notice he will be prosecuted and deported under the Foreigners Act, 1946. The respondent failed to carry out the direction contained in this notice. The Sub Inspector of Police, Petlad, then filed a complaint in the court of the Judicial Magistrate. F. C, Petlad against the respondent on 23-10-1957 charging him with having committed an offence under section 14 of the Foreigners Act, 1946. ft was stated in the complaint that the respondent was a foreigner within the meaning of the Foreigners — Laws (Amendment) Act

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