MOHAMMAD HUSSAIN Vs. THE STATE

JUDGEMENT

(1.) (Criminal Revision No. 93/56 :) The petitioner in this case was convicted under Rule 6 of the rules framed under the Passport Act 1920 and he has been sentenced to a fine of Rs. 30/ - , in default to undergo rigorous imprisonment for one month. He contends that the conviction under the rule is unwarranted and illegal. It is stated that the petitioner obtained a passport on 26th January, 1953 for entry into India which is due to expire on the 25th January, 1958. He also obtained a corresponding visa in respect of his stay in this country which was renewed from time to time; but renewal thereof was refused after the 12th March 1956. The petitioner in spite of this refusal continued to stay in this State when ne was arrested at Golaghat on 9th June, 1956 for contravention of the above rule and tried and convicted as aforesaid.

(2.) RULE 6 (a) of the Indian Passport Rules 1950 provides that any person who contravenes or abets the contravention of the provisions of rule 3 is liable to be punished with imprisonment for a term which may extend to three months or with fine or with both. Rule 3 says that:

(3.) I agree.