UJJAL BHUYAN, J.

1. This case was heard on 10.05.2018 and today is fixed for delivery of order.

2. We have heard Mr. A.R. Sikdar, learned counsel for the petitioner and Mr. A. Kalita, learned Special Counsel, Foreigners Tribunal (FT).

3. By filing this petition under Article 226 of the Constitution of India, petitioner seeks quashing of order dated 26.10.2016 passed by the Foreigners Tribunal No. 4, Kamrup (Rural) at Hajo in H.F.T Case No. 395/2015 (State v. Md. Borhan Ali) 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 22.12.2016 had issued notice while requisitioning the case record and passed an interim to the effect that petitioner should be allowed to remain on bail subject to his appearance before the Superintendent of Police (Border), Kamrup and furnishing of adequate surety.

5. Submissions made by learned counsel for the parties have been considered. Also perused the materials on record, including the record requisitioned from the Tribunal.

6. Shri Nandan Sharma, Deputy Superintendent of Police (Border), Kamrup has filed an affidavit on behalf of Superintendent of Police