Gujarat Court March 1951 Judgments

Memon Abdul Ajij Jiva Vs. State

Court: Gujarat

Reported in: 1953CriLJ665

Chhatpar, J.1. Both the above revision applications are being dealt together, as the facts and the points of law involved in the cases are similar. Both the applicants had migrated to Pakistan and had obtained temporary permits to visit India from the High Commissioner for India at Karachi. The permits in both the cases were for three months from 30th August 1948 to 29th November 1948. On the expiry of the period of the permits, the applicants did not return to Pakistan but over-stayed at Rajkot and they were consequently prosecuted, under Section 4 of Ordinance No. XVII of 1948 (Influx from West Pakistan (Control) Ordinance, 1948) promulgated by the then Governor General of the Dominion of India. Section 4 of the Ordinance reads as is under:4. Penalty-Any person who contravenes the provisions of Section 3 or of any rule made thereunder shall be punishable with, imprisonment which may extend to one year or with fine which may extend to one thousand Rupees or with both such imprisonment...