Harries, C.J. - (1.) This is an application to quash certain proceedings now pending against the petitioner.
(2.) The petitioner who is an Indian citizen went to Pakistan. He was given a permit by the High Commissioner at Karachi to return to Calcutta. The permit was issued upon the following conditions: 1. The permit holder must proceed direct to his address given in the permit where the permit should be surrendered to the nearest police station within seven days of his arrival. 2. He must proceed via Air to Delhi Check Post.
(3.) It is alleged that the petitioner did not proceed direct to Calcutta and did not surrender his permit within seven days of his arrival. He was accordingly prosecuted under section 5 of the Influx from Pakistan (Control) Act (Act (XXIII [23] of 1949). Sub-section (1) of section 5 of that Act roads: "Whoever enters India in contravention of the provisions of section 3, or having entered India contravenes the provisions of any rule made under section4, or commits a breach of any of the conditions of this permit, shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.";