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, was promulgated by the President of the Union of India and, as will appear from its preamble, the territories were considered as having been acquired with effect from 20th December 1961 (hereinafter referred to as 'the appointed day'). They were considered also, by virtue of Article 1 (3) (c) of the Constitution, as having been comprised within the territory of India. This Ordinance was replaced by the Goa, Daman and Diu (Administration) Act, 1952 (No. 1 of 1962). This Act was enacted by Parliament on 27th March 1962. It came into force with effect from 5th March 1962. The Constitution (Twelfth Amendment) Act, 1962 was also enacted by Parliament on the same day. The territories became constitutionally part of India by virtue of this Amendment which was brought into force with back effect from the appointed day. This Amendment followed the physical annexation of the territories belonging to India which had passed into Portuguese hands long long ago.

The Citizenship Act, 1955, was extended to the territories on 17th March 1962 and came into force the same day. This extension was under Section 5 of the Goa, Daman and Diu (Administration) Ordinance 1962 (No. 2 of 1962). The Goa, Daman and Diu (Citizenship) Order, 1962, was notified in the Government Gazette on 28th March 1962. This order was made in exercise of the powers conferred by Section 7 of the Citizenship Act. Para 2 of this order provided that every person who or either of whose parents or any of whose grand-parents was born before the appointed day in the territories shall be deemed to have become a citizen of India on that day, except where any such person made a declaration in writing that he wished to retain the citizenship or nationality which he had immediately before the appointed day. A month's time was given for mental adjustment. The petitioner made a declaration on 27th April 1962. In that declaration he solemnly declared that he wished to retain the Portuguese citizenship/Portuguese nationality which he had immediately before the appointed day and that he made this declaration conscientiously believing the same to be true. The Foreigners Act, 1946, and the Registration of Foreigners Act, 1939, were extended to the territories on 22nd November, 1962, in exercise of the power conferred by Section 3 Clause 2 of the Goa, Daman and Diu (Laws) Regulation 1962 (No. 12 of 1962). They were brought into force on 19th December 1962.

On 22nd March, 1963, in pursuance of Clause (1) of Article 239 of the Constitution, notification was issued by the President enabling the Lt. Governor to discharge the functions of the Central Government under Rule 3 of the Registration of Foreigners Rules, 1939. This notification also enabled the Lt. Governor to make orders of the nature specified in Section 3(2)(c) an

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