CHHANGA KHAN Vs. STATE

JUDGEMENT

(1.) This is a reference made by the learned Sessions Judge, Kheri, recommending that the order of Sr. K. M. All, a first class Magistrate of Lakhimpur, convicting Chhanga Khan under Section 3, Passport Act be quashed.

(2.) The facts of the case are that Chhanga Khan came to India with a passport, which was issued to him on 19-11-1952. This passport was valid for five years, i. e., upto 19-11-1957 Chhanga Khan, when he came to India, had to secure visas on this passport. Several visas were made on this passport and the last visa is dated 21-4-1954. In this visa Chhanga Khan was permitted to stay in India upto 9-7-1954. It is apparent from this that Chhanga Khan has been all along trying to extend the period of his stay in India and this period was being extended repeatedly. This time, however, the period was not extended and Chhanga Khan was arrested on 28-7-1954 at Lakhimpur. He was prosecuted under Section 3, Passport Act and the learned Magistrate convicted him. Chhanga Khan went up in revision before the Sessions Judge and the Sessions Judge has made this reference.

(3.) I have been assisted in this case by the Additional Government Advocate, who has placed the law relating to the matter before, me. I find that Section 3, Passport Act cannot be invoked against the applicant, because it provides only against the entry of a person in India, but makes no provision for over-staying in India. I have gone through carefully into all the provisions of the Indian Passport Act and the rules made under Section 3 of the Act and I find that there is no provision 'of law which provides a punishment' for over-staying, if the passport is valid. It cannot be doubted that the passport of Chhanga Khan is valid upto 19-11-1957.