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1959 Supreme(All) 112

D.S.MATHUR
ALI SHER – Appellant
Versus
STATE – Respondent


Advocates Appeared:
K.N.SRIVASTAV, N.A.RAHMAN

D. S. MATHUR, J.


( 1 ) THIS order governs Criminal Revisions Nos. 347 and 348 of 1958 by Ali Sher and Wali mohammad, respectively, against their conviction of an offence punishable under Section 14 of the Foreigners Act.

( 2 ) AS the facts of these two cases arc the same and similar questions are involved in both, they are being disposed of by one judgment.

( 3 ) BOTH Ali Sher and Wali Monammad had entered India with a Pakistan passport after obtaining visa which permitted them to stay in India for periods mentioned therein. They overstayed in india and did not leave the country within the period mentioned in notices served upon them under the signature of the Superintendent of Police. They were, therefore, prosecuted and have been convicted under Section 14 of the Foreigners Act. Each of them has been sentenced to two years R. I. and a fine of Rs. 200/- in case of default, another three months R. I.

( 4 ) BOTH the applicants admitted the allega-tions made against them. They admitted that they were pakistani nationals, had entered India after obtaining passport and visa and not only overstayed in India but did not leave the country even after the expiry of the period mentioned in t




















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