( 1 ) THIS appeal by the State is directed against an appellate order of acquittal passed by the learned Sessions Judge of Moradabad, The facts giving rise to it are not in dispute, and, stated briefly, are as follows.

( 2 ) YAQUB, the respondent, was originally a resident of Moradabad. In 1947 he went away to pakistan where he remained till his entry into India on the 12th May, 1954, on the authority of a pakistan Passport No. 168008 dated the 30th January 1954 and Indian Visa of the c category -- no. 25804 dated 5th May 1954 -- which permitted him to stay in India for three months. Subsequently that period was extended upto the 10th January 1956. The respondent, however, did not leave India by that time with the result that a notice was served on him on the 2nd October 1957 requiring him to leave India within 30 days. The respondent did not comply with that notice either. He was therefore, prosecuted under Section 14 of the foreigners Act 1946, -- hereinafter called the Act of 1946 -- for the contravention of para 7 of the Foreigners Order. 1948 -- hereinafter called the Order of 1948 -- framed under Section 3 of the Act of 1946. 2a. The defence of the respondent inter