HIGH COURT OF TRIPURA AGARTALA Crl. A(J) 11 of 2026

1. Jamal Shekh, aged about 26 years, son of Md. Salauddin Sheikh, resident of Kapuria, P.S. Shivgang, Rajshahi, Bangladesh;

2. Tipu Shekh, aged about 28 years, son of Md. Amir Shekh, resident of Charanrup Nagar, P.S. Chapal, Nawabganj, Rajshahi, Bangladesh …… Appellant Versus State of Tripura .......Respondent For the Appellant(s) : Mr. Sankar Lodh, Advocate.

Mr. Subham Majumder, Advocate.

Mr. Kishalay Roy, Advocate. Mr. Gopal Singha, Advocate For the Respondent(s) : Mr. Raju Datta, P.P.

Date of hearing & delivery of Judgment & order : 30.03.2026.

Whether fit for reporting : No ____________

HON’BLE JUSTICE DR. T. AMARNATH GOUD J U D G M E N T & O R D E R(ORAL)

[1] Heard Mr. Sankar Lodh, learned counsel appearing for the appellants. Also heard Mr. Raju Datta, learned P.P. appearing for the State respondent.

[2] This present appeal is filed under Section 415 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, corresponding to Section 374(2) of the Code Of Criminal Procedure, 1973, against the impugned Judgment of Conviction and Sentence dated 06.05.2025, passed by the learned Additional Sessions Judge, Gomati Judicial District, Udaipur, in S.T. 26 of 2024, whereby learned Additional Sessions Judge, Gomati, Udaipur, convicted the appellants for committing offences, punishable under Sections 3 of the Passport (Entry into India) Amendment Act, 2000 and Section 14(A)(b) of the Foreigners Act, and sentenced them to suffer Rigorous Imprisonment for 3(three) months and to pay a fine of Rs.25,000/-and in default of payment of fine to suffer further rigorous imprisonment for a period of two months for the offence punishable under Section 3 of the Passport (Entry into India) Amendment Act, 2000, and further sentenced them to suffer Rigorous Imprisonment for 2(two) years, and to pay a fine of Rs.30,000/- and in default of payment of fine, to suffer further rigorous imprisonment for a period of 2 (two) months, for committing offence, punishable under Section 14(A)(b) of the Foreigners Act.

[3] By filing the present appeal, the appellants have sought for the following reliefs:

“…Under the circumstances stated above it is most humbly prayed that Your Lordships would be graciously pleased to admit the appeal, call for the records, and thereafter, set aside the impugned Judgment of Conviction and Order of Sentence dated 06.05.2025, passed by the Ld. Additional Sessions Judge, Gomati Judicial District, Udaipur, in S.T. (T-1) 26 of 2024, whereby learned Ld. Additional Sessions Judge, Gomati, Udaipur, convicted the appellants for committing offences, punishable under Sections 3 of the Passport (Entry into India) Amendment Act, 2000 and Section 14(A)(b) of the Foreigners Act, and sentenced them to suffer Rigorous Imprisonment for 3(three) months and to pay a fine of Rs.25,000/- and in default of payment of fine to suffer further rigorous imprisonment for a period of two months for the offence punishable under Section 3 of the Passport (Entry into India) Amendment Act, 2000, and further sentenced them to suffer Rigorous Imprisonment for 2(two) years, and to pay a fine of Rs 30,000/- and in default of payment of fine, to suffer further rigorous imprisonment for a period of 2(two) months, for committing offence, punishable under Section 14(A)(b) of the Foreigners Act, and thereafter acquit the appellants from the charges with a direction to the appropriate authority(s) to make necessary arrangement to deport the appellants to Bangladesh, and pass any other Order(s) as may be deemed fit and proper for fair ends of justice;……………”

[4] It is brought to the notice of this Court that the convict appellants were sentenced to suffer 2(two) years imprisonment under Section 14(A)(b) of the Foreigners Act and the appellants were arrested on 21.07.2024 and during the trial, they had confessed to their guilt of entering into India without valid documents. During the course of argument, no other criminal records against