- (1.) The present application under Section 401/482 Cr.P.C. is directed against order No. 3 dated 06.04.2011 including prayer for quashing the proceedings being Sessions Case No.21 of 2011(S.T. No. 16 of 2011) under Section 14 C of the Foreigners Act, 1946 in connection with Central Crime Police Station Case No. Crime No.160/2011 dated 16.02.2011 now pending before the Court of learned Additional Sessions Judge, Port Blair.
(2.) The petitioner contends that he has been falsely implicated in this case having no nexus with the principal offenders. It was alleged in the FIR that on 16.02.2011, SI Rahul, SHO, PS Humfrigunj along with force were engaged in anti poaching operation to Twin Island at 0840 hrs. During such operation they found that three foreign nationals namely; (1) Jennifer Georgina, (2) Dr. Stephen John and (3) Ashrafi Andrew Noupour, 2 who are all British nationals entered into the prohibited area of Twin Island on the strength of their restricted area permit issued to foreigners. On inquiry, they informed that they were staying at Wandoor Sanctuary Resort and the owner Shri Viraj Singh Hooda, the present petitioner had sent them by providing engine dinghy to visit Twin Island. They could not produce any valid permit or licence to stay at such prohibited area and thereby they violated the provisions of Section 14(A) of the Foreigners (Amendment) Act, 2004 and the dinghy driver who also failed to produce any valid licence or permit to bring the aforesaid foreigners to Twin Island also violated Section 13 of the Foreigners Act. Accordingly, a case was registered under Section 14(A) of the Foreigners (Amendment) Act, 2004 read with Para 3 of FRA Order 1963 and Section 13 of the said Act for investigation.
(3.) After completion of the investigation, chargesheet was submitted against six accused persons including the present petitioner on 09.03.2011. After commitment of the case by the Chief Judicial Magistrate, Port Blair the leaned Transferee Court accepted the plea of guilt tendered by three chargesheeted accused, namely, Ashrafi Andrew Noupour, Ms. Kevin Jennifer and Dr. Stephen John and convicted them under Section 14 (c) of the Foreigners Act and sentenced them to suffer imprisonment for a period of one day and to pay a fine of Rs. 7000/- each in default to suffer S.I. for three months each and their restricted area permit was cancelled with a direction that the convicted persons shall be repatriated to their country of United Kingdom as per rule with immediate effect.;