Lahiri, J. - (1.) This appeal is by the Superintendent and Remembrancer of Legal Affairs, Government of West Bengal, and is directed against an order of acquittal passed by Mr. J. K. Ghosh, Magistrate, 1st Class, Asansol, dated 25-4-1951.
(2.) Shortly stated the prosecution case is that the respondent Rab Nawaz Khan came to India from Western Pakistan on the strength of a temporary permit (ex. 1) which was valid for a period of three months from 3-4-1949, up to 3-7-1949 granted by the High Commissioner for India at Karachi and that he stayed in India after the expiry of that period; that the respondent was arrested by the Asansol Police on 12-7-1949, and could not show any valid permit. The respondent was accordingly placed on his trial on a charge under Section 5, Influx from Pakistan (Control) Act (Act XXIII of 1949) for violation of Rule 19 of the rules framed under Section 4 of that Act. That rule provides that no person holding a temporary permit shall stay in India after the date of expiry of that permit.
(3.) The defence does not deny that the respondent stayed in India after the expiry of the temporary permit but asserts that the respondent is a citizen of India and has a right to reside in India without any permit. It is alleged that the respondent's father Captain K. B. Md. Walait Khan was a contractor of Asansol for a considerable length of time and has landed properties at Asansol, Barakar and other places; that the respondent looks after his father's business and properties at Asansol; that the respondent had gone to Rawalpindi on a temporary visit to see his sick child and then at the time of his return to India he took a temporary permit to avoid troubles though such temporary permit was not necessary. The defence; further alleges that on 15-6-1949, the respondent applied to the appropriate authorities for a permanent permit to live in India and that on 28-12-1949, he was granted a certificate of registration as a citizen of India under Article 6 of the Constitution.;