Court awards 3 years RI and fine Rs 10,000 to Bangladeshi

16/02/2018

JAMMU, Feb 15: Principal Sessions Judge Jammu Vinod Chatterji Koul awarded 3 years rigorous impriosnment and fine Rs 10,000 to Mohd Sohail Choudhary S/oMohd Tosar Mian Choudhary R/o Kursy Tehsil Gaflat Bazar District Hubiganj, Bangladesh u/s 14 F.A Act 2004.
Accused has been prosecuted by the police of Police Station, Arnia, for offences punishable U/S 14 A Foreign (Amendment )Act 2004. As per the prosecution case report Ext.P-1 was made with SHO P/S Arnia, Jammu by Lt.Col. Rajarashi Guha Raja of 4 Dogra, Arnia Post Commander, that on 22.7.2016 around afternoon, Sentry of the post saw the accused moving near the camp side for some time and thereafter proceeded on the road towards village Trewa in a suspicion manner. The Sentry held the accused at the Arnia Unit, saw his documents, wherein his name was found to be Mohd Sohail Choudhary as per Pass Port. However, the statement given by the accused was found to be suspicion thereafter he informed his higher Head Quarter whereafter the accused was questioned by Military. They handed over, accused alongwith belongings to the SHO P/S Arnia on 23.7.2016 at 1315 hours. After registration of the FIR accused was taken into custody and investigation was conducted by ASI Mohd Iqbal of P/S Arnia.
Principal Sessions Judge Jammu Vinod Chatterji Koul after hearing Public Prosecutor Rakesh Badyal for the state observed that from the oral and documentary evidence produced by the prosecution it is established beyond doubt that accused was found moving in a restricted area without having obtained any permit for such movement.
Accused was found moving in the area which fall within the protected area for which he was required to obtain permit from the competent authority i.e Central Government or any Officer authorised by the Central Government in this behalf, but no such permit was obtained by him and he was thus moving within the protected area in violation of Section 14 A Foreign (Amendment) Act 2004. From the evidence on record prosecution has thus, succeeded in establishing the charge i.e. commission of offence punishable u/s 14 A Foreign (Amend ment) Act 2004 against the accused. There fore, it is held that prosecution has proved the charge against the accused beyond doubt. As such, accused is accordingly convicted for the offence punishable under section 14A Foreign (Amendment) Act 2004. Principal Sessions Judge Jammu Vinod Chatterji Koul further observed that having regard to the circumstances of the case and age of the accused, he is sentenced to undergo imprisonment for a period of three years and shall also be liable to pay fine of Rs.10,000/- and in case of his default to pay the fine, he shall further undergo imprisonment for period of three months. JNF

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