Ujjal Bhuyan, J.

This case was heard on 18.04.2018 and today is fixed for delivery of order.

2. We have heard Ms. S.P. Hussain, learned counsel for the petitioner and Mr. U.K. Nair, learned Senior Special Counsel, Foreigners Tribunal (FT).

3. By filing this petition under Article 226 of the Constitution of India, petitioner seeks quashing of order dated 30.01.2016 passed by the Foreigners Tribunal No.3, Morigaon in FT (D) Case No. 19 of 2015 (State vs. Abdul Kuddus) declaring the petitioner to be a foreigner who had illegally entered into India (Assam) from Bangladesh after 25.03.1971.

4. This Court by order dated 25.02.2016 had issued notice while requisitioning the case record and passed an interim order to the effect that petitioner should be allowed to remain on bail subject to his appearance before the Superintendent of Police (Border), Morigaon and furnishing of adequate surety.

5. One Nijamuddin Khan Choudhury, Inspector of Police (B), Morigaon has filed an affidavit on behalf of Superintendent of Police (Border), Morigaon supporting the order passed by the Tribunal. It is stated that an intensive revision of electoral roll was carried out in 1997 in respect of Mo