Sreenivasam .V S V. Sittampalam .S

1953 Present : H. A. de Silva J.

V. S. SREENIVASAM, Appellant, and S. SITTAMPALAM (Authorised Officer, Department of Immigration and Emigration), Respondent

S. C. 557-M. C. Colombo, 24,649/B

Immigrants and Emigrants Act, No. 20 of 1948-Control of entry into Ceylon of persona other than citizens of Ceylon-Residence permit-Holder's right to re-enter and remain in Ceylon beyond prescribed period-Sections 2, 8, 10, 11, 14, 15, 30, 31, 45 (1) (a)--Citizenship Act, No. 18 of 1948, s. 2.

An Indian national, who was a British subject resident in Ceylon for less than five years prior to the date on which the Immigrants and Emigrants Act came into operation and who with a valid passport has obtained a temporary residence permit under section 14 (1) (b) of that Act, contravenes the provisions of section 15 (b) if, after visiting India thereafter, he re-enters and remains in Ceylon beyond the period for which he is authorised to remain in Ceylon by the permit, and thereby commits an offence punishable under section 45 (1) (a).

Obiter : Even if such person had been in Ceylon for more than five years preceding the date on which the Act came into operation, Part III, section 8, of the Act would be equally applicable to him.

APPEAL from a judgment of the Magistrate's Court, Colombo.

N. K. Choksy, Q.C., with C. Shanmuganayagam and K. Rajaratnam , for the accused appellant.

Boyd Jayasuriya, Crown Counsel, for the Attorney-General.

Cur. adv. vult.

331

January 23, 1953. H. A. DE SILVA J.-

The accused-appellant in this case appeals against a conviction entered against him in the Magistrate's Court of Colombo.

The point that arises for consideration in this case is the construction of certain sections of Immigrants and Emigrants Act, No. 20 of 1948.

The charge against the accused runs thus :-

" That he being a person to whom Part III of the Immigrants and Emigrants Act, No. 20 of 1948, applies, being the holder of a Temporary Residence Permit No. CX 4631 issued by the Controller of Immigration and Emigration, Colombo, on the 27th day of October, 1950, the said Temporary Residence Permit being valid up to the 27th day of October, 1951, did in contravention of the provisions of section 15 (b) of the said Act remain in Ceylon after the expiry of the period of which he was authorised to remain in Ceylon by the said Temporary Residence Permit and did thereby commit an offence punishable under section 45 (1) (a) of the said Act.

After trial the learned Magistrate found him guilty and imposed upon him a fine of Rs. 30.

The following were the admissions made :-

(1) The accused is a British subject and an Indian national.

(2) He was in Ceylon prior to the 1st November, 1949.

(3) The Act came into operation on the 1st of November, 1949.

The accused took up the position at the trial that he has been in Ceylon since June, 1943, but the learned Magistrate after considering the evidence led for the prosecution and for the defence found as a fact that the accused was not in Ceylon prior to 1946 or 1947. The accused's counsel who argued the appeal before me did not canvass that finding of fact. After the perusal of the evidence led in this case I see no reason to dissent from that finding. The accused admittedly obtained a Temporary Residence Permit No. CX 4631 for a period of one year commencing from the 27th October, 1950. The date of expiry of this Temporary Residence Permit is 27th October, 1951. This Temporary Residence Permit has been endorsed by the Controller of Immigration and Emigration on Pass No. 51083 dated 20th September, 1950,-P2 issued by the High Commissioner for India in Ceylon. This Pass expires on the 19th September, 1954. I may mention that this Pass has been issued by the High Commissioner for India at Colombo. The following endorsements appear on this Pass : " Arrived from Ceylon 28th October, 1950. Signed illegibly for Protector, Emigratio

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