IMPORTANT POINT
Violation of Visa Rules – A foreign national cannot be apprehended simply on cynic suspicion.

ORDER (ORAL)

Heard learned advocate Mr. Hriday Buch with learned advocate Mr. Darshan Varandani for the petitioner and learned Appellant Ms. Monali Bhatt for the respondent-State. Though served, none appears for respondent No.2.

2. Considering the facts and circumstances of the case and with consent of learned advocates for the parties, the matter is taken up for final disposal forthwith.

3. By way of the present petition filed under Articles 226 and 227 of Constitution of India and under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “Cr.P.C.”), petitioner has prayed to quash and set aside the impugned FIR being C.R.No.II-10 of 2015 registered with Dahej Police Station, District: Bharuch for the offence punishable under Sections, 13, 14© and 14-C of the Foreigners Act, 1946 and other proceedings arising therefrom qua him.

4. Brief facts narrated in the present petition are as under:-

4.1 The Complainant, upon an inquiry discovered fact that on dated 20/11/2014, total 29 Chinese nationals have arrived on business visa at Indo Baijin Chemicals Pvt. Ltd. Company. The visas were “Not Valid for Work/Employment”. Chinese nationals were found working in the said company on shiftvise basis. Earlier, for violation of visa rules, the Police Inspector had given a notice dated 21/08/2014 in person to the H.R. Head of Company, Shri Sandeep Kumar Prabhu stating that 29 Chinese nationals should not leave Bharuch District without prior permission. As, Chinese nationals were found working on shiftvise basis in the said company, a letter was sent to the Superintendent of Police for conducting further investigation.

4.2 Furthermore, on dated 26/12/2014, the Assistant H.R. manager, Hitesh Rajubhai Raval, in his statement stated that in the year 2014, that Chinese nationals have worked on shiftvise in company for the month of June/July/August.

4.3 The Company violated the visa rules by giving chinese national employment and making them work in company on shiftvise in spite of knowing the fact that said 29 Chinese nationals were on business visa. Chinese nationals without prior permission of investigating officer left India and therefore the company and its officers has violated the provisions of Section 13 of The Foreigners Act, 1946 and committed an offense punishable u/s 14© and 14C of The Foreigners Act, 1946. Hence, complaint/FIR came to be registered.

5. Learned advocate for the petitioner submitted that, in violation of visa norms, notice from Special Operation Group, Bharuch, was received, inter alia, alleging that 29 Chinese Nationals traveled to India on business Visas, and were found engaged in shift-wise jobs at Indo Baijin Chemicals Private Ltd. On 22.08.2014, petitioner submitted a detailed written explanation.

5.1 It is submitted that the Chinese Nationals were providing technical guidance to the employees of the Company. The petitioner also submitted an Undertaking that, he would not allow the Chinese Nationals to leave Bharuch. The company complied with such undertaking till the date of expiry of their visas. On 05.09.2014, Company requested the Secretary, Ministry of Home, Government of Gujarat, to direct the LIB, Bharuch, to allow the Chinese Nationals to continue their training till October end, and to permit those Chinese Nationals who have completed their part of training to leave India before end of October. The company did not receive any reply to the said letter.

5.2 Vide letter dated 01.11.2014, Company informed District Collector, Bharuch, that out of 29 Chinese Nationals, 24 Chinese Nationals, had already returned to China, and remaining Chinese Nationals, would leave India during the month of November, 2014. It was also informed that, 12 Chinese Nationals would be required stay in India to assist the Company with Technology Transfer and Training of plant employees from safety point of view.

5.3 It is further submitted that the Police Inspector, Special Operation Group, Bharuch, was inform