Ujjal Bhuyan, J.

Heard Mr. H.R.A. Choudhury, learned Senior counsel for the petitioner, Ms. P. Baruah, learned Central Government Counsel and Mr. G. Pegu, learned Govt. Advocate, Assam.

2. By filing this petition under Article 226 of the Constitution of India, petitioner seeks quashing of order dated 21.03.2016 passed by the Foreigners Tribunal-5, Tezpur at Biswanath Chariali (Tribunal) in FT Case No.132/2015 declaring the petitioner to be a foreigner who had illegally entered into India (Assam) after 25.03.1971.

3. This Court by order dated 29.04.2016 had issued notice and requisitioned the case record. It was submitted before the Court that following the above order passed by the Tribunal, petitioner was taken into custody.

4. One of the contentions advanced by the learned Senior counsel for the petitioner is that in the notice issued by the Tribunal to the petitioner, it was mentioned that petitioner was a foreigner belonging to the 1966-1971 stream. Therefore, Tribunal had exceeded its jurisdiction by declaring the petitioner to be a foreigner of post 25.03.1971 stream. Additionally, it is the submission that Tribunal had failed to appreciate the evidence adduced by the pet