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1959 Supreme(All) 167

M.C.DESAI
MOHD. HANIF KHAN – Appellant
Versus
STATE – Respondent


Advocates Appeared:
M.H.BEG

M. C. DESAI, J.


( 1 ) THE applicant has been convicted under Section 14 of the Foreigners Act for contravention of rule 7 of the Foreigners Order, 1948. He was born in British India and his parents were residents of British India. He was employed in the Indian Army awd after the partition of India, he went to karachi with his platoon; He resigned from the Army in 1948 and came to India under a passport obtained as a Pakistani national in 1954. Under the visa he was entitled to stay in India up to 20-8-1954. He did not depart from India for Pakistan on or before 20-8-1954 and has been convicted by the courts below under Section 14 of the Foreigners Act for the alleged contravention of Rule 7 of the Foreigners Order, 1948.

( 2 ) UNDER Section 14 of the Foreigners Act, a person is punished for contravening the provisions of the Act or of any Order made thereunder. The Foreigners Order, 1948 was made by the central Government in exercise of the powers conferred by Section 3 of the Act. Rule 7 of the order reads as follows :

"every foreigner who enters India on the authority of a Visa x x x x shall obtain x x x x x permit indicating the period during which he is authorised to remain in I



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