The High Court set aside the High Court set aside conviction under Foreigners Act holding no evidence proved ownership of the house where foreigner was allegedly found, absolving appellant of guilt.
Appellant discharged from bail bond subject to execution of bond under Section 437A CrPC for six months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT AT CALCUTTA CIRCUIT BENCH AT JALPAIGURI (CRIMINAL APPELLATE JURISDICTION)
PRESENT:
THE HON’BLE JUSTICE SIDDHARTHA ROY CHOWDHURY
CRA 30 of 2019
MD. CHHAPIKUL @ SARIFUL MD. @ MOHAMMAD VS.
THE STATE OF WEST BENGAL
For the Appellant : Mr. Partha Pratim Sarkar, Adv. For the State : Mr. Aditi Shankar Chakraborty, Ld. APP Mr. Abhijit Sarkar, Adv. Hearing concluded on : 1st September, 2023 Judgement on : 1st September, 2023
Siddhartha Roy Chowdhury, J.:
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Officer-in-Charge of Mekhliganj Police Station, Cooch Behar in writing that to work out a source information as to the intrusion of foreign nationals from Bangldesh to the territory of India, harboured by one Sariful, he along with police force left for Kaushaldanga, 42, Niztaraf, P.S. Mekhliganj, Cooch Behar. The house of Sariful Mahammad was identified by the source of the informant and on search informant found two persons in a bed room of house Sariful Mahammad. Having found the police personnel in uniform, both of them tried to flee from window, but the police managed to apprehend one of them who disclosed that four days previous to that date they entered into Indian territory for smuggling of cattles and motor cycles with the help of Sariful Md, Julul Bokos, Mansur and Khalil. Police arrested those persons who could apprehend Sariful Md. and other Indian citizens.
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force with the approval of the Officer-in-Charge of the police station left for the place of occurrence and apprehended one Bangladeshi Nationals who introduced himself as Asraf Ali. On further interrogation he disclosed that Sariful Md., Julul, Bokos, Mansur and Khalil used to give shelter to them and used to help them in smuggling cattle to Bengladesh.
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(SIDDHARTHA ROY CHOWDHURY, J.)
1 issue framed by the court
Whether conviction under Section 14C of the Foreigners Act can be sustained in the absence of evidence substantiating ownership of the house where the foreign national was found.
3 provisions across 3 enactments
Md. Chhapikul @ Sariful Md. @ Mohammad
The State of West Bengal
Siddhartha Roy Chowdhury
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
