1978 CRI. L. J. 1345 ::1978 AllCriR 258 ::1978 AllCriC 274

Allahabad High Court

Hon'ble Judge(s): H. N. Kapoor , J

Foreigners Act (31 of 1946) , S.14, S.2(a)— Prosecution under S.14 read with para. 7, Foreigners Order 1948 - Accused visiting India in 1954 on Pakistani permit - Overstay in India - Accused declared during trial to have acquired Pakistani citizenship after 25-1-1950 -Accused held not to be foreigner as it stood in 1954 and could not be prosecuted. Foreigners Order (1948) , Para.7— The accused had entered India in 1954 on the basis of a Pakistani pass-port which was valid for two months. He did not return back. On 3-2-1967 he was arrested for overstaying in India and during his trial under S.14 Foreigners Act read with para. 7 of the Foreigners Order, 1948 the Central Government made a declaration under the Citizenship Act by an order D/-14-2-1969 that the accused had acquired citizenship of Pakistan after 25-1-1950 showing thereby that he had migrated to Pakistan after 25-1-1950. Held that the accused could not be prosecuted retrospectively for the offence committed in 1954 when he could not be considered to be a foreigner under the definition of foreigner as it stood prior to amendment in 1957. 1971 Cri LJ 1103 (SC), Foll.; 1961 (2) Cri LJ 702 (SC) and 1972 Cri LJ 1441 (SC), Dist.(Para 5) Anno: AIR Manual (3rd Edn.), Foreigners Act, S.2, N. 1; S.14, N. 1. @page-CriLJ1346 ....