1This is an appeal filed by the State against the order of the District Magistrate (J), Kozhikode in C. C. 165/58 under which he acquitted the respondent. The charge sheet filed by the police against the respondent was for offence under Rule 3 read with Rule 6 of the Indian Passport Rules and para 7 of the Indian Foreigners Act, 1946. The case was that the accused who is a Pakistanee citizen had come to Kundotti within the Indian Union on 16-3-53 with a valid passport and visa issued by the High Commissioner for India in Pakistan and returned to Pakistan on 2-12-53 and that later he again came to India and was found at Kundotti on 14-9-58 without a passport or visa or any valid travel document from the authorities concerned or a residential passport for stay in India.

2 P. W. 1 is the Sub Inspector of Police who was in Kundotti till December 1955. He has proved that the accused had gone to his police station on 16-9-53 with a Pakistan passport No. 126015 and C. Visa No. 38420 dated 3-9-53, that his arrival had been noted in the station general diary and that the accused had left India on 2-12-1953. He proved Ext. P. 1, the register of Pakistanees maintained in the regular course