- (1.) The Commissioner of Police, Bombay has passed an order of detention against the petitioner in exercise of the powers vested in him under Section 3 (1)(b) read with Section 3(2)(c) of the Maintenance of Internal Security Act. Section3 of the Act of 1971 invests the Commissioner of Police with power to make an order of detention with a view to making arrangements for the expulsion of a foreigner from India. The detention order states that the petiitoner is a national of Pakistan, that he was staying in Bombay illegally and unauthorisedly, that orders for his expulsion from India were being issued and that until arrangements for his expulsion were made it was necessary to detain him. This order is challenged in this petition under Article 32 of the Constitution.
(2.) Leanred counsel for the petitioner contends that there is no evidence to show that the petitioner is a Pakistani national and therefore the order of detention is illegal. We see no substance in this contention. The Bombay Police had first arrested the petitioner in 1957 in a theft case which resulted in a conviction on April 15, 1958. He was arrested again on July 20, 1958 under Section 54, Criminal Procedure Code. On inquiry into his antecedents it was discovered that he was convicted twice by a Court in Pakistan on November 20, 1954 and May 17, 1956. He was thereafter convicted by a Court in Bombay on April 15, 1958 under Section 380, Penal Code. It is clear from these convictions that the petitioner was in Pakistan till about the middle of 1956 and that he entered India some time before April, 1958. The petitioner admitted after his arrest in Bombay that in 1953 he had gone to Lahore unauthorisedly and that after serving out the sentence imposed on him in the second trial held in Lahore he came to India without any travel documents. It is clear from the affidavit filed by the Assistant Commissioner of Police, Special Branch (I), C.I.D., Bombay, that the petitioner entered India surreptitiously by crossing the Indo Pakistan border near Attari Road. The petitioner stated before the Immigration authorised in India that he was born at Amritsar in 1933 but he was unable to produce any proof regarding his birth in Amritsar or that he was domiciled in India when the Constitution came into force on January 26, 1950.
(3.) The petitioner was prosecuted under Rule 3 read with Rule 6, Passport (Entry into India) Rules, 1950 for having entered India unauthorisedly and in that trial he was convicted on March 17, 1960 by the learned Chief Presidency Magistrate, Bombay. An order of deportation was thereafter passed against the petitioner on June 3, 1963 and he was deported in pursuance of that order on June 11, through the Munabow Check Post, Rajasthan.;