M.C. Jain, J. - (1.)Heard learned Public Prosecutor for the State.
(2.)The petitioner has been convicted for the offences under Sec. 3/14 Foreigners' Act and 3/6 Indian Pass Port (Entry into India) Rules 1950. On the first count he has been awarded three years' rigorous imprisonment and to pay a fine of Rs. 2,000.00(Rupees two thousand) in default, to undergo nine months' further rigorous imprisonment on the second count the appellant has been awarded three months' rigorous imprisonment. The conviction has been recorded on the basis of pleading guilty, No arguments were advanced in the first appellate court against the said plea.
(3.)However, in the facts and circumstance of the case, I am inclined to reduce the sentence of the appellant awarded to him under Sec. 3/17 of the Foreigners' Act to two year's rigorous imprisonment.