( 1 ) THIS is an appeal by the State (Delhi Administration) against the order of acquittal passed by the trial Magistrate in favour of the respondent who was prosecuted under section 14 of the Foreigners Act, 1946. The charge was that he being a. national of Pakistan was found overstaying in India without any permission or valid passport. Originally, the appeal came up for hearing before my brothers M. R. A. Ansari and D. K. Kapur, JJ. By their order dated January 25 ,1973, they made a refrence to a larger bench. That is how the matter has been placed before the three of us.

( 2 ) THE relevant facts in. this case are not in dispute. Briefly stated, the facts are as follows: The respondent Maser Tameej. is the son. of one Mohd, Ismail and was born at Delhi in the year 1943. Both his parents are Indian citizens. Sometime in 1947 the respondent was taken by his maternal grand parents to Pakistan along with the elder brother, Bundu. On May 23, 1953, a joint passport was obtained by the respondent s said grand-parents, Mr. and Mrs. Faehmuddin for themselves and the two boys. A visa was granted to the four of them by the Indian High Commission at Lahore for visiting Indi