HIGH COURT OF TRIPURA AGARTALA Crl. A(J) 58/2025 Mr. Sunday Nnamdi Ikejide @ Sunday Nnamdi @ Onyebuchi Keneth, son of Onyebuchi Ngwu, resident of Ketu Lagos, Enugu State, Nigeria;

----Convict-Appellant Versus The State of Tripura ----Respondent For the Appellant(s) : Mr. AT Paul, Advocate For the Respondent(s) : Mr. Raju Datta, PP Date of hearing & delivery of Judgment & Order : 12.03.2026 Whether fit for reporting : No BEFORE HON’BLE JUSTICE DR. T. AMARNATH GOUD JUDGMENT & ORDER(ORAL)

Heard Mr. AT Paul, learned Counsel appearing for the appellant also heard Mr. Raju Datta, learned Public Prosecutor, appearing for the respondent-State of Tripura.

2. The appellant, by means of filing the present appeal has challenged the Order of conviction and sentence dated 20.05.2025 passed by the learned Additional Sessions Judge, Gomati District, Udaipur, in connection with case No. Sessions Trial (T-II) 10 of 2025, wherein the appellant was convicted for commission of offence punishable under 14(A) of Foreigners Act and was sentenced to suffer rigorous imprisonment for two years and to pay a fine of Rs.1,00,000/- with default stipulation; further the appellant was convicted under Section 3 of the Passport Amendment Act, 2000, and was sentenced to suffer rigorous imprisonment for a period of three months and to pay a fine of Rs. 30,000/-, with default stipulation.

3. The prosecution case, is that, on 24.01.2025 evening at around 21.15 hrs. the complainant along with the GRP staffs were performing their duty at Udaipur Rail Station. During that time, it came to the notice that one person was suspiciously loitering around the Udaipur Railway station near platform no.1, and on seeing his suspicious movement the GRP staffs detained him at Udaipur Railway Station and accordingly interrogated him thoroughly to seek his real identity. After prolonged interrogation, the convict appellant confessed that he is citizen of Nigeria and he came to India in 2024 by flight and spotted in Mumbai Airport and thereafter he went to Delhi by Train and stayed there for 8 months. On 24.01.2025 he came to Tripura from Delhi by train and vide Kanchanjhangha express, he reached Udaipur from Agartala by holding a train ticket which was booked at the destination of Sabroom. On being asked he stated that he came to Tripura for meeting his sister at Sabroom but could not produce any valid passport or documents in support of his entry into Indian Territory. Thereafter the complainant lodged a written complaint with the Officer-in-Charge of RK Pur PS which was registered as RK Pur PS case No. 2025 RKP 047, under sections 143(3) BNS, 2023, and section 3 of the Passport (Entry into India) Amendment Act, 2000 and Section

14A of the Foreigners Act, 1946.

4. After completion of investigation, the I.O has submitted charge- sheet against the appellant on 01.03.2025. On receipt of the charge-sheet, learned trial Court framed charge against the appellant, to which he pleaded guilty and declined to stand trial. Since, the appellant has pleaded his guilt, learned trial Court finding him guilty of the alleged offence, convicted the appellant, as stated supra.

5. Mr. Paul, learned counsel appearing for the appellant has submitted that the appellant has been languishing in custody since his arrest. Learned counsel further submitted that the appellant has not misrepresented his identity and has pleaded his guilt, and thus, learned counsel urged this Court to reduce his sentence as of he has already suffered.

6. On the other hand Mr. Raju Datta, learned PP appearing for the State-respondent has submitted that appellant has overstayed in the territory of India without following certain conditions of extending the VISA and the punishment imposed upon the appellant is on minimum side, which requires to be maintained.

7. This Court has considered the submissions of learned counsel appearing for the parties, and has perused the records.

8. Section 14 of Foreigners Act, deals with penalty for contrav