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2007 Supreme(Bom) 1449

R.S.MOHITE
Leonid Beyzer – Appellant
Versus
Union of India – Respondent


Advocates appeared:
Mr. VIKRAM VARMA, Advocate for the Petitioner.
Mr. C.A. FEREIRA Asst. Solicitor General for the Respondent No. 1.
Ms. W. COUTINHO, Government Advocate for the Respondents Nos.2 and 3.

JUDGMENT

1. Heard all parties. Rule. By consent, rule made returnable forthwith.

2. The petition impugns an order dated 14-9-07 purporting to be passed in exercise of powers conferred by clause (c) of sub-section (2) of Section 3 of the Foreigners Act, 1946 and ordering that the petitioner Leonid Beyzer, who is a Russian National, holder of Russian Passport valid till 2-10-2008, will not remain in India after expiry of a period of 15 days from the date of service of the impugned order upon him.

3. The record indicates that the passport of the petitioner is valid upto 2-10-08 and that he has entered India on a business visa, permitting triple entries, which is valid till 6-6-08. The record further indicates that though the impugned order was passed on 14-9-07, after passing of the order, on 22-9-07 a letter has been directed by the Pernem Police calling upon him for an inquiry on 24-9-07. This inquiry however is not being held by the authorities from the Home Department. From the record, it is not known as to in what connection the police inquiry is being conducted. Be that as it may, it is clear that the petitioner is not a person who is residing in India illegally. Visa issued to him






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