Decided on April 06,1973

Golam Haidar And Anr. Appellant
STATE OF ASSAM Respondents


Baharul Islam, J. - (1.) THIS application under Section 439 of the Code of Criminal Procedure is directed against the order of conviction and sentence passed by the Magistrate convicting the two petitioners under Section 14 of the Foreigners Act and sentencing each of them to rigorous imprisonment for six months and to pay a fine of Rs. 500/ - in default, to undergo rigorous imprisonment for three months more.
(2.) THE prosecution case, in brief, is that the petitioners were Afgan nationals staying in India without any authority. They Were served with notices to quit India under Section 3(2)(c) of the Foreigners Act of 1946 read with Government of India, Ministry of Home Affairs Notification No. 4356 -(l) F. I. dated 19 -4 -1958. Notices were served on the petitioners on 27 -8 -1969 and thereby they were directed to leave India within three months from the said date. But in spite of the notices served on them, they did not leave India. They were found at village Gariakhana under Sootea Police Station in the district of Darrang. An ejahar Was lodged. After investigation police submitted charge -sheet against them under Section 14 of the Foreigners Act, to which they pleaded not guilty. The prosecution examined a number of witnesses and after trial the learned Magistrate convicted and sentenced the two petitioners as stated above. On appeal the conviction and sentence were upheld by the learned Sessions Judge, and hence this application.
(3.) THE following facts are not denied by the petitioners: (i) That they are Afgan Nationals, in other words, that they are not Indian citizens and are foreigners; and (ii) that at the relevant time they had no authority to stay in India.;

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