Debiprasad Sengupta, J. - (1.) The present revisional application has been directed against the judgement and order dated 15.10.2001 passed by the learned Additional Sessions Judge, Jalpaiguri in Criminal Appeal No. 11/2001 thereby affirming the judgment and order of conviction passed by the learned Judicial Magistrate, 1st Court, Jalpaiguri in T. R. No. 716/2001 (G. R. Case No. 248/ 2001) convicting the accused petitioner under section 14 of the Foreigners Act, but reducing the sentence from simple imprisonment of 5 months and to pay a fine of Rs. 1000/- in default to further simple imprisonment for 3 months.
(2.) The prosecution case in short is that the present accused petitioner came to India on 15th September, 1954 having a British Passport and under a valid Visa he remained in India. Since then he stayed in India under valid passport and visa which was renewed time to time which continued till July, 1995. After that he stayed in India under British Passport dated 21.3.95 and a visa dated 30.5.95 which was valid till 21.7.2000. But after the expiry of the said visa he did not leave India inspite of the order/direction of the Govt. of India and Govt. of West Bengal. Further prosecution case was that as per direction of the Government a notice was issued by the Superintendent of Police, Jalpaiguri to the accused/petitioner to leave India within a period of 15 days from the date of receipt of the said notice, which was duly received by the accused on 17.1.2001. Since the accused petitioner failed to comply with the direction of the said Govt. Order, Mal P. S. Case No. 29/2001 dated 27. 2. 2001 was registered under section 14 of the Foreigners Act.
(3.) The accused petitioner was arrested and was placed on trial before the learned Judicial Magistrate, 1st Court, Jalpaiguri. After the accused petitioner was convicted and sentenced under section 14 of the Foreigners Act by the learned Magistrate, an appeal was preferred before the learned Sessions Judge, and by the impugned judgment and order dated 15.10.2001 the learned Additional Sessions Judge, Jalpaiguri dismissed the appeal, affirmed the order of conviction but reduced the sentence from S. I. for 9 months to S. I. for 5 months as aforesaid.;