Nilima Bose, Mother of Shri Amit Bose vs State of Assam

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Gau) 844

IN THE HIGH COURT OF GAUHATI, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
N. KOTISWAR SINGH, LANUSUNGKUM JAMIR, JJ.
Nilima Bose, Mother of Shri Amit Bose – Appellant
Versus
The State of Assam - Respondent
Criminal Petition No.237 of 2022
Decided on : 30-11-2022

Advocates:
Advocate Appeared:
For the Appellant : Ms. Pooja Agarwal, Adv., Ms. K Yadav, Adv., Mr. B. J. Das, Adv.
For the Respondents: Ms. S. Jahan

Headnote:
Criminal Procedure Code, 1973 – Section 161, 164, 229, 252, 253, 241, 397,375, 482, 401 – Foreigners Act, 1946 – Section 14 – Passport (Entry into India) Rule, 1950 – Section 6 – Legal Services Authority Act, 1987 – Examination of witness by police – Recording of confession – Penalty for contravene –Conviction on plea of guilty – Criminal Petition has been filed by invoking with Section 401 of Code of Criminal Procedure in challenging order Court of Judicial Magistrate First convicting son of petitioner – Held, Court competent authorities of State wish to verify these evidences materials and facts which have been brought before they may do so that in event any doubt competent authorities of State may approach this Court again for any necessary directions in this regard – Court give liberty to State authorities to verify these facts materials and evidences which have been brought on record in this proceeding as mentioned within a period of month from today and if on such verification made if any of documents materials brought on record had not been found correct State authorities may approach this Court with reference to this petition for appropriate orders but shall not take any prejudicial action against petitioner son without leave of this Court – Petition is allowed.

JUDGMENT :

N. Kotiswar Singh, J.

Heard Ms. Pooja Agarwal, learned counsel for the petitioner. Also heard Ms. S. Jahan, learned Additional Public Prosecutor, Assam.

2. This Criminal Petition No.237/2022 has been filed by invoking Section 482 read with Section 401 of the Code of Criminal Procedure in challenging the order dated 21.01.2016 passed by the Court of Judicial Magistrate, First Class(II), Karimganj in G.R. Case No.39/2016 convicting the son of the petitioner under Section 14 of the Foreigners Act, 1946.

3. Before we refer to the background facts of the case, we are reproducing the impugned order as, in our opinion, it will put the matter in better perspective. The order of conviction dated 21.01.2016 passed by the Judicial Magistrate First Class(II), Karimganj reads as follows:

“The U.T.P. Amit Bose is produced from jail custody.

Perused the C/R and Heard both sides on the point of charge.

Considering the materials on record, Charge under Section 14 of Foreigners Act, 1946, is framed against the accused Amit Bose and the content of the same is read over and explained to the accused, to which he pleaded guilty. In support, he filed a petition vide no.522 through the Ld. LAC Smti. M.A. Choudhury stating that he pleads guilty and in future he would not do such offence again.

Perused the C/R and also heard the Ld. Counsel Smti. Choudhury on behalf of the accused.

The offence is under Sec.14 of Foreigners Act, 1946. Considering the nature of offence, his plea of guilt is recorded in separate sheet in Bengali Language, interpreted to him, which is tagged with C/R and on being satisfied that the plea of guilt is made voluntarily, the same is accepted and he is convicted under the above section of offence.

Heard the convict Amit Bose. He states that he is very poor and to maintain his family at Bangladesh, he crossed the boundary, as there is no working opportunity at his place.

The accused has crossed the international boundary and reached to India without any lawful authority. Considering the nature of offence, I am of the opinion that the accused should not get the benefit of Probation of Offenders Act.

Considering all aspect of the case vis-à-vis the plea of convict, I am of considered opinion that he deserves sentence of Rigorous Imprisonment for 1 (one) years for offence under Section 14 of Foreigners Act, 1946. He is sentenced accordingly.

Issue Jail Warrant.

The period of detention during investigation and trial shall be set off against the term of said quantum of sentence.

The Jail Superintendent is directed to do the needful as per direction herein above.

Send copies of the order to the Deputy Commissioner, Karimganj and Superintendent of Police, Karimganj, to do the needful with the convict after completion of the period of punishment.

Case stands disposed of.”

4. The original records of the trial have been requisitioned by us. As per the original records, it appears that the petitioner’s son namely, Amit Bose was apprehended on 05.01.2016 after he was found loitering in AOC point area of Karimganj Town in a suspicious manner by the Police Patrolling party at around 5 P.M. The FIR which was lodged in connection with the apprehension of the petitioner’s son mentions that he identified himself to be one Amit Bose, son of Sri Arabinda Bose, Village: Andar Manik, P.O.-Rongunihat, P.S.-Raojan, District: Chattagram (Bangladesh) and he crossed the international border of Bangladesh illegally and entered West Bengal about a month back in search of a job in India and from West Bengal, he reached Karimganj via Guwahati and then came to Lumding by train. Accordingly, on the basis of the said FIR, Section 14 of the Foreigners Act read with Section 6 of the Passport (Entry into India) Rule, 1950 was invoked against the petitioner’s son. He was produced before the Judicial Magistrate, First Class(II), Karimganj who remanded him to the 15 days judicial custody which expired on 20.01.2016. On 20.01.2016 he was duly presented before the Judicial Mag