( 1 ) THIS is a revision against the appellate decision of the learned Additional Sessions Judge of rae Bareli affirming the order of conviction passed against the applicant, Badruzzman Khan, by a Sub-divisional Magistrate in that district under Section 5 (l), Influx from Pakistan Control Act, 1949 (XXIII [23] of 1949 ). Badruzzaman was originally sentenced to undergo nine months rigorous imprisonment but the lower appellate Court reduced the sentence to one of fine amounting to Rs. 500/- or three months rigorous imprisonment in default of its payment.

( 2 ) SECTION 3, Influx from Pakistan Control Act, prohibits persons not exempted under the Rules framed in pursuance of Section 4 of the Act from entering India from. Pakistan directly or indirectly except under a permit, or valid passport in the case of persons not domiciled in India or Pakistan. Section 4 invests the Central Government with powers to make rules under the Act for prescribing the authorities by which and the conditions subject to which permits may be issued, renewed or extended, laying down the qualifications of persons entitled to them, regulating the movements of permit holders in India and providing for exemptions and other matter, ancillary or incidental for carrying out the purposes underlying the Statute. Section 5 then prescribes:

" (1) Whoever enters India in contravention of the provisions of Section 3, or having entered india contravenes the provisions of any rule made under Section 4, or commits a breach of any of the conditions of his permit, shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.

(2) Whoever, in any statement made by him in pursuance of any of the provisions of this Act or of any rules made thereunder, furnishes any information which is false and which he either knows or believes to be false or does not believe to be true, shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both. "

( 3 ) RULES 3 and 8 of the Rules framed under Section 4 of the Act make provision for the issue of five kinds of permits by the High Commissioner for India in Pakistan at Karachi or the Deputy high Commissioner at Lahore: (l) Permits for temporary visits, (2) Permits for permanent return to India, (3) Permits for repeated journeys, (4) Transit permits, and (5) Permits for permanent re-settlement.

( 4 ) THE applicant Badruzzaman lived along with his parents and other members of his family in village Bawan Buzurg alias Balla police station Mahrarajganj, district Rae Bareli. He left his family and the country after the partition for Western Pakistan in May 1948. That was the time, it will be recalled, of a general exodus of Muslim population from India to Pakistan and of non-Muslims from Pakistan to India. Badruzzaman re-entered India on 22-6-1949, on a temporary permit valid upto 19-7-1949 the purpose stated in the permit being "second marriage and fetching his family. " Subsequently he secured extensions of the permit upto 7-10-1949. There is evidence to ;show that the applicants second wife refused to accompany him to pakistan and this was one of the factors which led him to stay in India beyond the extended period. His attempts to obtain further extensions or to get himself registered as a citizen of India were unsuccessful with the result that he was arrested on 11-10-1949, and challenged under sections 5 (l) and 5 (2), Influx from Pakistan Control Act, and convicted and sentenced, as stated above.

( 5 ) THE accused stated in the trial Court that he did not wish to return to Pakistan, and that he came to India on a temporary permit only because a permanent permit was not available.

( 6 ) ON behalf of Badruzzaman the following two contentions are raised : (l) That he never lost his indian nationality, and (2) That he is still an Indian citizen and the rights conferred