ORDER:- This is one of those exceptional cases where exercise of revisional jurisdiction suo motu under Section 439 (1) of the Code of Criminal Procedure, is considered necessary in the ends of justice.

2. The respondent - Fr. Sebastiao Francisco Xavier dos Remedios Monteiro - was served with an order under Section 3(2)(c) of the Foreigner's Act, 1946, requiring him not to remain in India after the expiry of the date of its service. This order, dated 11th April, 1969, was issued by the Lt. Governor of this territory. He did not leave India. He was accordingly prosecuted in the Court of the First Class Magistrate, Mapusa, on 28th April, 1969. The charge was framed against him by the learned Magistrate under Section 14 of the Foreigner's Act. He pleaded not guilty. In support of the prosecution were examined prosecution witnesses Domingos Fernandes (P.W. 1), Shivaji K. Zamaoli (P.W. 2), Cruz D'Souza (P.W. 3), and Vishwanat G. Dessai (P. W. 4). Out of these witnesses three are inspectors of police, while Cruz D'Souza is a Head Constable. The respondent led no defence evidence. In his statement under Section 342 of the Code of Criminal Procedure, he admitted that he had been served with

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