Uniyal, J. - (1.) This is an appeal by the State of Uttar Pradesh against an appellate order of acquittal dated 13-12-1960 passed fay the learned Sessions Judge of Muzalfarnagar, acquitting the respondent Jafar Ali of the offence under Section 3 read with Section 14 of the Foreigners Act.
(2.) The admitted facts of the case are that the respondent was originally resident of village Monanawala, police station Purqazi, district Muzaffarnagar. Sometime in 1947 the respondent left India and went to Pakistan. He was at that time a minor aged about thirteen years. His parents, however, continued to remain in India, The respondent while, in Pakistan attained majority and tnereaner he came to India on the basis of a Pakistani passport dated 7-2-1955 and a visa dated 10-3-1955. The visa was for a period of one year. The respondent entered the Indian territory on the 11th of March 1955. He did not leave the country after the expiry of the period mentioned in the visa. According to the visa his stay in India was valid upto 10-3-1956. The respondent was eventually served with an order exhibit Ka-4, dated March 11, 1960 made by the state Government under Clause (c) Sub-section (2) of Section 3 of the Foreigners Act, 1946 (No. XXXI of 1946) as amended by the Foreigners Laws (Amendment) Act, 1957 (no. 11 of 1957) (hereinafter referred to as the Act.) This order was duly served on him and a report to that effect was made by the officer concerned on 6-4-1960 vide exhibit Ka-6. By thrs order the respondent was required to leave India within twenty-four hours of the service of the order. He failed to comply with that order and continued to stay in India. He was, therefore, prosecuted for the breach of Section 3(2) (c) of the Act. Section 3(2) (c) reads thus: "The Central Government may by order make provision either generally or in respect of all foreigners or with respect of any particular foreigner or any prescribed class or description of foreigner, tor prohibiting, regulating or restricting the entry of foreigners into India or their departure therefrom or their presence or continued presence therein. (2) In particular and without prejudice to the generality of foregoing power, orders made under this section may provide that the foreigner( c) shall not remain in India or in any prescribed area therein." The Central Government have delegated the powers conferred on it by Clause (c) of Sub-section (2) of Section 3 above to the State Government in notification No. 4/3/56-(l)-F. I. dated April 19, 58, and therefore the order of the Stata Government dated 11-3-60, was a valid order the disobedience of which is an offence.
(3.) Section 14 of the Act makes the contravention of an order made under Section 3 punishable with imprisonment and also with fine.;