( 1 ) SAGHIR Ahmad, the applicant in this criminal revision, has been convicted by a first class magistrate of Gorakhpur for an offence under Section 14 of the Foreigners Act read with Section 7 of the Foreigners Order and has been sentenced to six months simple imprisonment. His conviction and sentence were confirmed in appeal by the Temporary Civil and Session Judge of gorakhpur.

( 2 ) THE facts of the case are as follows. Saghir Ahmad was born in Gorakhpur district in January 1937, but at the time of the communal riots that followed partition in 1947 he was attending school in Delhi and was sent to a refugee camp and from there to Pakistan, without his parents, who remained behind in India, being consulted in the matter. Eventually he got in touch with his parents and came back to India on 15-2-1955 on the basis of a passport issued on 3-11-1954 and a visa in category B valid for two months. He remained on in this country after the period noted in his visa had expired and was deported to Pakistan on 1-12-1956. Thereafter he came back to india without obtaining any passport or visa, and on 10-11-1957 was found living in a village in gorakhpur district without any pe