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1973 Supreme(All) 146

K.B.SRIVASTAVA
RAJJAB ALI – Appellant
Versus
STATE – Respondent


ORDER

This criminal revision arises out of the following facts :-

The petitioner Rajab Ali alias Khunnoo obtained a Pakistani Passport No. 291171 dated September 20, 1954 and an Indian Visa No. 53680 dated September 23, 1954 and entered India. He reported his arrival at P. S. Safipur, in the district of Unnao and stayed in India. The period of the Visa expired on December 22, 1954. He got his departure noted at the police station indicating that he was leaving India for Pakistan. However, no report was received from any border check post that he had actually left India and entered Pakistan and, therefore, the Intelligence became vigilant in locating his presence. The Station Officer, Police Station Safipur received information on May 20, 1965 that the petitioner was present at the shop of one Umaid Ali at Safipur and went and arrested him. The case thereafter was registered and investigated, resulting in the prosecution of the petitioner under Section 14, Foreigners Act, for contravention of paragraph 7 of the Foreigners Order, 1948. The petitioner pleaded that he was an Indian citizen; that he had not obtained any Pakistani Passport or Indian Visa; that he was not a Pakistani nati
























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