SUDAN BALA MONDAL AND Another vs THS STATE-Opposite-Party — 1970 PCRLJ 688

Citation: 1970 PCRLJ 688

Court: Dacca

Year: 1969

Decision Date: 1969-10-16

Parties: SUDAN BALA MONDAL AND Another vs THS STATE-Opposite-Party

Headnotes

Case cited as 1970 PCRLJ 688

Judgment Text

Court Name: Dacca Judge(s): Abdullah Jabir Title: SUDAN BALA MONDAL AND Another vs THS STATE-Opposite-Party Case No.: Criminal Revision No. 661 of 1968 Date of Judgment:1969-10-16 Reported As: 1970 P Cr. L J 688 Result: Rule discharged JUDGMENT JUDGMENT This Rule was obtained by the two petitioners who were con--victed under section 14 of the Foreignes Act, and were sentenced to suffer rigorous imprisonment for six months and a fine of Rs. 50 each, in default to rigorous imprisonment for one month mere by Mr. M. A. Haq, Magistrate 1st Class, Pirojpur. On appeal the order of conviction was confirmed but the sentence was altered to a sentence of fine of Rs. 150 in default to rigorous imprisonment for 3 months each. The facts leading to the present petition are that on 24th April 1966 the two petitioners were arrested by police at village Kanua P. S. Mathbaria in the district of Barisal on suspicion that they were Indian nationals. The Officer-incharge of Bhandaria P. S. Recorded a First Information, Report suo motu anal investigated the case and during the investigation seized, among other documents, Indian passport and Pakistani Visas of the petitioners. The validity of the Visas had expired long before the date of arrest. The petitioners were put on trial and were charged under section 14 of the Foreigners Act, t-- which they pleaded not guilty. The defence of the petitioners was that both of them were Pakistani and they never migrated to India. The trial Court found them…

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