Kapur, J.

1. This appeal is brought against a judgment ef acquittal passed by a Magistrate of the First Class, Rohtak, dated the 26th June 1956, acquitting the respondents of an offence under the. Indian Passport Act, 1920, read with Rule6 of the Indian Passport Rules, 1950 .

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14. The respondents claim to be husband and Wife. They are Abdul Hamid, aged 25 years, a weaver, who claims to be a resident of Tanda (District Meerut), and Mst. Latifan, who is a daughter of Asmail weaver and is aged 22 years and has been described as resident of Kirana in the district of Muzaffar Nagar (Uttar Fradesh). The question put to Abdul Hamid was that he was a national of Pakistan, having settled in Jhang Maghiana in West Punjab and that he had entered India without being in possession of a passport and had thereby contravened Rule 3 of the Indian Passport Rules, 1950 , made under Section 3 of the Indian Passport Rules, 1920 and had thereby committed an offence. His reply was that he never visited Pakistan, that he was "living in Tanda ana was an Indian national and that Latifan was his wife and was residi