-1- IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR J U D G M E N T Mohd.Hasan Vs. State of Rajasthan S.B.CRIMINAL JAIL APPEAL NO.430/1992 against the judgment dt.19.11.1992 passed by the Addl. Sessions Judge, Raisinghnagar, in Sessions Case No.20/91. Date of Judgment: July 22, 2008 P R E S E N T HON'BLE MR.JUSTICE DEO NARAYAN THANVI Mr.Srikant Verma, Amicus Curiae. Mr.O.P.Rathi, Public Prosecutor. BY THE COURT : 1. This is a jail appeal filed by the accused appellant Mohd.Hussain against the judgment of the learned Addl.Sessions Judge, Raisinghnagar, dated 19.11.1992, whereby he convicted the accused u/sec.3 read with Sec.14 of the Foreigners Act & sentenced him to five years' R.I. and a fine of Rs.5000/- and in default, to further undergo one year's R.I. but, however, acquitted him u/ss.419, 420 IPC, Sec.8 r/w Sec.15 of the NDPS -2- Act and Rule 3 read with Rule 6 of the Indian Passport Rules. 2. The charges against the accused were that on 29.1.1991 at 11.50 AM, the police party, Police Station, Rawla recovered 1.100 kg. of poppy straw on bridge No.12 and 13 at B.D.Canal, Prior to this, he impersonated himself to be Ramgopal instead of Mohd.Hasan before Raj Kumar (PW 2) and by cheating him, obtained bicycle, which was recovered at the above place. Though, he was not indian national but entered into India without valid passport. The accused was caught red handed on 29.1.91 at Head 365, when the police party was patrolling and accused was moving on bicycle and gave identification of himself to be Ramgopal and later on, it was revealed that he is Mohd. Hasan. The police registered a case and after investigation, the challan was filed. The accused was charged uss.8/15 of the NDPS Act, Sec.419 r/w 420 IPC, Sec.3/14 of the Foreigners Act and Rule 3/6 of the Indian Passport (Entry into India) Rules, to which he pleaded not guilty. The prosecution examined 11 witnesses. The statement of the accused was recorded u/s.313 CrPC. He led no defence. After hearing the arguments, the learned trial Judge convicted the accused u/s.3/14 of the Foreigners Act but acquitted him for the other charges. -3- 3. There is no appeal by the State against this order of acquittal. So far as charge u/s.3/14 of the Foreigners Act is concerned, it is proved that the accused was having no passport or visa for entering into the territory of India, as the Head 365 was falling into the territorial jurisdiction of the Police Station, Rawla. Accused appellant has also not denied this fact by refuting the same and the learned trial Judge while relying upon the testimony of the prosecution witnesses, has rightly come to the conclusion that the offence u/s.3/14 of the Foreigners Act is made out. 4. Learned Amicus Curiae has not been able to counter the arguments of the prosecution in this regard. 5. Consequently, this appeal is dismissed. The conviction of the accused appellant u/s.3/14 of the Foreigners Act and the sentence awarded i.e. 5 years' R.I. and a fine of Rs.five thousand and in default, to further undergo one year's R.I. is maintained. Since there is no record of bail application, it appears that the accused has already served out the sentence, awarded. (DEO NARAYAN THANVI), J. RANKAWAT JK, PS