Guwahati Court January 1965 Judgments

State of Assam Vs. Md. Habibur Rahman

Court: Guwahati

G. Mehrotra, C.J.1. This is an appeal by the State against an order of acquittal passed by the Magistrate at Karimganj.2. The respondent was charged under Rule 6 (a) of the Indian Passport Rules 1950 for having entered India without a valid document. Rule 6 (a) lays down that any person who contravenes or abets the contravention of the provision of Rule 3 will be liable to be convicted. Rule 3 provides that save as provided in Rule 4, no person proceeding from any place outside India shall enter or attempt to enter. India by water, land or air unless he is in possession of a valid passport conforming to the conditions prescribed in Rule 5. It is not disputed that the respondent attempted to enter India without a valid pass- port. The trial proceeded on the assumption that he is an Indian national. The Magistrate seems to be of opinion that in view of the provisions of Rule 4 (l)(f)he is exempted from the operation of Rule 3. Rule 3 itself applies to all persons irrespective of the fac...