ORDER :- The petitioner Father Monteiro was convicted by the learned Judicial Magistrate, Mapusa, for having contravened the order made by the Lt. Governor dated 19th June 1965 under Section 3(2)(c) of the Foreigners Act, 1946. The sentence imposed upon him under Section 14 of this Act was to undergo simple imprisonment for 30 days and to pay fine of Rs. 50, and, in default of payment of fine, to undergo, in addition, simple imprisonment for 5 days. The petitioner lodged an appeal in the Court of Sessions which appeal was rejected by the learned Sessions Judge by his order dated 2nd February 1966. The petitioner then preferred a second appeal to this Court. The second appeal does not lie and therefore that appeal is being treated as a revision petition under Sections 435 and 439 of the Criminal Procedure Code.

2. It is necessary to set out the relevant laws and facts before the merits of the petition are considered. The petitioner is a priest. He was a Portuguese citizen and a national before the territories of Goa, Daman and Diu were conquered by India on 20th December, 1961, (hereinafter referred to as 'the territories'). The Goa, Daman and Diu (Administration) Ordinance, 1962, wa

Click Here to Read the rest of this document