H.K.Chaudhuri, J.

1. This is an appeal by the State Government against the acquittal of the respondent, Abdrfi Rashid, who was put on trial on a charge under Sec.14 of the foreigners Act, 1946, before a Magistrate of the first class at Darbhanga.

2. According to the prosecution, the respondent, who was originally a citizen of India, migrated to Pakistan after the 1st of Maroh 1947 and became a Pakistani national. He came back to India in 1953 on a Pakistani passport and a visa of the B category. He failed to leave India within the scheduled time whereupon he was served with a notice to quit India by the 24th August, 1957. This order not having been complied with, the respondent was prosecuted under Sec.14 of the Foreigners Act. Sec.14 of the Act provided as follows:

"If any person contravenes the provisions of this Act or of any order made thereunder, or any direction given in pursuance of this Act or suck order, he shall be punished with imprisonment for a term which may extend to five years and shall also be liable to fine; ........"

Sec.3 of the said Act authorises the Central Government by order to make provision either generally or with respect to all foreigners or wit