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Citation: 1971 PLD 179
Court: Supreme Court of Pakistan
Year: 1970
Decision Date: 1970-12-31
Parties: ADVOCATE-GENERAL, GOVERNMENT OF EAST PAKISTAN, DACCA vs BENOY JUDGMENT
Case cited as PLD 1971 Supreme Court 179
Court Name: Supreme Court of Pakistan Judge(s): Abdus Sattar, Hamoodur Rahman, Mujibur Rahman Khan Title:ADVOCATE-GENERAL, GOVERNMENT OF EAST PAKISTAN, DACCA vs BENOY JUDGMENT Reported As: PLD 1971 Supreme Court 179 Result: Appeal dismissed Judgment JUDGMENT M. R. KHAN, J.--This appeal, by special leave, at the instance of the Advocate-General of East Pakistan, is directed against the order of a learned Single Judge of the High Court of East Pakistan in Criminal Revision No, 375 of 1969 by which he set aside the conviction and sentences of the respondents under section 14 of the Foreigners Act, 1946 and acquitted them. Admittedly, the respondents were, at the commencement of the Pakistan Citizenship Act, 1951, the citizens of Pakistan. They were permanent residents of village Kumarkhali, P. S. Nazirpur in the district of Bakerganj. The prosecution case was that the respondents applied to the Government of India for permission to migrate to India and to settle down at Calcutta in the State of West Bengal. A Migration Certificate being Exh. 1 was issued to them by the Attache (Migration) to the Deputy High Commission for India in Pakistan at Dacca, permitting the respondents to enter India without any passport and visa through the Indian Check Post at Petrapol in the district of 24-Parganas, West Bengal. On the strength of this Migration Certificate, they crossed the Pakistan Border at Benapole on the 9th November 1964 and entered India. Later, on the 20th March 1967, the re…
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