This Petition was admitted to hearing on 24th October, 2005. The respondents were required to file counter affidavit within one month, but till date, no counter affidavit has been filed by the respondents.

2. The issue involved for consideration in this case is, indeed, very simple. Prosecution was launched for violation of Section 14 of The Foreigners Act, 1946 (‘1946 Act’ for short). Section 14 reads thus:

“14. Penalties. – If any person contravenes the provisions of this Act or of any order made thereunder, or any direction given in pursuance of this Act or such order, he shall be punished with imprisonment for a term which may extend to five years and shall also be liable to fine; and if such person has entered into a bond in pursuance of clause (f) of sub-section (2) of section 3, his bond shall be forfeited, and any person bound thereby shall pay the penalty thereof, or show cause to the satisfaction of the conviction Court why such penalty should not be paid.”

3. The Prosecution in this particular case for contravention of Section 14 (supra) was based upon Rule 14 (6) of the Registration of Foreigners Rules, 1992. Sub-rule (6) of Rule 14 reads thus:

“(6) The keepe