MADHURESH PRASAD, J.:–

Re: I.A.No.1 of 2020

Limitation petition, bearing I.A. No.1 of 2020, has been filed for condoning the delay of 33 days in filing the instant revision application.

2. In view of cause being shown in the interlocutory application praying for condonation and there being no opposition from the learned A.P.P., I.A. No.1 of 2020 stands allowed. The revision application is deemed to have been filed within time.

Re: Criminal Revision No.213 of 2020

This revision application is limited to the question of legality of the sentence awarded by the court of A.C.J.M.-V, Sitamarhi under the judgment and order dated 18.10.2019 in G.R. No.1109 of 2019 arising out of Runnisaidpur P.S. Case No.103 of 2019. The learned Court has convicted the petitioners for the offence punishable under Section 14 of the Foreigners (Amendment) Act, 2004 (hereinafter referred to as “the Act”) and sentenced to undergo simple imprisonment for three years, setting off the period undergone by them prior to passing of the sentence in judicial custody.

2. Since the petitioners have pleaded guilty, they have not questioned or raised any issue in respect of the conviction.

3. According to the prosecution case, it is stated that the informant was deputed as Executive Magistrate during the election. On 14.03.2019 at 6:30 A.M., one Amar Jyoti Bus, bearing registration No.BR 06PA7167, on way from Sitamarhi to Patna was stopped at Runnisaidpur Police Station by the Driver of the bus along with the passengers. The Driver intimated that two foreign nationals (these petitioners) have boarded the bus for going to Patna and he found their activities to be doubtful. Petitioners were thus questioned by the informant along with police officials. They have admitted to reach Sitamarhi through Siliguri in India from Kakarbitha (Nepal). They have stated that they were going to Patna. On search, they were found to be in possession of passport issued on 13.11.2018 and valid up till 12.11.2023. In respect of Petitioner Nos.1 and 2, a tourist visa for 15 and 30 days respectively, was stamped on their passports. Petitioner Nos.1 and 2 have arrived in Nepal on 08.03.2019 and 11.03.2019 respectively. Their visa was to expire on 22.03.2019. It is further the prosecution case that Indian, Nigerian, Canadian and American currency was recovered from the petitioners. Five mobile sets with SIM cards, voter card of the Federal Republic of Nigeria, clothes, other articles of daily use, some CDs, tablet, including old passport were found in their possession.

4. A seizure list was also prepared in presence of independent witnesses. Chargesheet was submitted for the offence under Section 14 of the Foreigners (Amendment) Act, 2004 and investigation was kept pending for examination of the seized articles and documents.

5. The Court of C.J.M., Sitamarhi took cognizance of the offences under Sections 341, 323, 504 of the I.P.C. and Section 14 of the Foreigner (Amendment) Act, 2004 against the instant petitioners.

6. The two petitioners on the same date filed an application in the court of C.J.M., Sitamarhi pleading guilty to contravention of Section 14 of the Act and confessing their crime. They prayed that they want to go back to their country. The petition was kept on record and was transferred to the court of A.C.J.M. The record thereafter shuttled between the court of Additional Chief Judicial Magistrate and Chief Judicial Magistrate and when it was sent twice to the court of A.C.J.M., considering the fact that the accused are languishing in jail and have pleaded guilty, the A.C.J.M. passed the order on sentence. The court has found the petitioners to be guilty of having contravened Section 14 of the Act knowingly and have been sentenced to undergo simple imprisonment for three years, setting off the period already undergone by them in judicial custody.

7. Learned counsel for the petitioners submits that the revision is limited to the question of the correctness and legality of the sentence. The