Md. Mumtaz Khan, J. - (1.) The subject matter of challenge in this appeal is the judgment, order of conviction and sentenced dated February 26, 2009 and February 27, 2009 respectively passed by the Ld. Additional District and Sessions Judge, 1st Fast Track Court, Raiganj, Uttar Dinajpur in Sessions Case No. 242 of 2008. By virtue of the impugned judgment appellant was convicted for commissioning of the offence punishable under Section 14A(b) of the Foreigners Act and was sentenced to suffer rigorous imprisonment for 8 years and to pay a fine of Rs. 10,000/- in default to suffer rigorous imprisonment for six months more with direction for set off as per provisions of Section 428 of the Code of Criminal Procedure.
(2.) The case of the prosecution, in brief, is as follows:- On August 3, 2008 at 17.05 hours P.W.2 by producing the appellant at the Hemtabad P.S. under arrest lodged a complaint to the effect that on that date on that date at 15.45 hours while he along with P.W.1, P.W.3, P.W.7, P.W.8 and force were performing special patrolling duty as per order of the S.P., Uttar Dinajpur to prevent infiltration as also to search the escaped eight under trial prisoners, all Bangladesh nationals, on previous day from Raiganj District Correctional Home and were moving through the road at Chainagar near Indo Bangla Border, they found the appellant moving suspiciously near the under construction Border fencing. Accordingly, he was detained and on interrogation he disclosed his identity to be a resident of Tengria, P.S., Haripur, District, Thakurgaon, Bangladesh. On demand appellant failed to produce any passport or visa or any valid document for his entry into this country and as such he was arrested for violation of rules and regulations of the Foreigners (Amendment Act 2004).
(3.) On the basis of the above complaint, Hemtabad P.S. Case No. 72 dated August 3, 2008 was started against the appellant for the commission of the offence punishable under Section 14A(b) of the Foreigners Act and the case was endorsed to P.W.8 for investigation who then investigated this case and after completion of investigation submitted charge sheet being No. 69 of 2008 dated August 7, 2008 against the appellant for the commission of the offence punishable under Section 14A(b) Foreigners Act.;