CRL A/1357/2026 of MD Aslam Ahsan Habib Vs The State Rep. by, The Inspector of Police on 29 October 2026

JUDGMENT

This Criminal Appeal challenges the Judgment of conviction and sentence passed by the learned II Additional District and Sessions Judge at Tiruppur, convicting the Accused/appellant for the offence under Section 3(2)

(c) r/w 14 of the Foreigners Act, 1946 and Section 468 and 471 of IPC and sentencing him as follows; Offence under Section Sentence imposed Section 3(2)(c) r/w 14 of the Foreigners Act, 1946 . to undergo RI for two years and to pay a fine of Rs.10,000/- in default to undergo SI for six months. Section 468 IPC To undergo RI for three years and to pay a fine of Rs.2,000/- in default to undergo SI for three months. Section 471 IPC To undergo R1 for three years and to pay a fine of Rs.2,000/- in default to undergo SI for three months. The sentences were ordered to run concurrently. 2(a). The allegation against the appellant is that he had entered into Indian territory and was staying at Tiruppur without any valid passport, visa, or any valid travel document from Bangladesh, and thus, committed the aforesaid offence.

(b) . The appellant was arrested on 30.04.2024 and an FIR was registered on the complaint given by the Head constable, P.W.1. After conducting the investigation, P.W.4, the investigation officer, filed the final report for the

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offences under Sections 14A(b) of the Foreigners Act, 1946, before the learned Judicial Magistrate, Avinashi, which was taken on file as P.R.C.No.31 of 2024.

(c) The case was committed to the learned II Additional District and Sessions Judge, Tiruppur, for trial, which was taken on file as S.C.No.36 of 2025. On the appearance of the accused, the provisions of Section 207 Cr.P.C. were complied with. The trial Court framed charges against the appellant for the offences under Sections 3(2)(c) r/w 14 of the Foreigners Act, 1946 and Sections 468 and 471 of IPC, and when questioned, the accused pleaded 'not guilty.'

(d) To prove its case, the prosecution had examined 5 witnesses as P.W.1 to P.W.5 and marked 15 exhibits as Exs.P1 to P15. When the accused was questioned, u/s.351(1)(b) of BNSS on the incriminating circumstances appearing against them, he admitted to the charges. The accused neither examined any witness nor marked any document on their side.

(e) The trial Court found that the prosecution had established that the appellant is a Bangladeshi national and did not have a valid document to travel to India and found him guilty of the offences under Sections 3(2)(c) r/w 14 of the Foreigners Act, 1946 and Sections 468 and 471 of IPC, and accordingly,

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convicted and sentenced him as stated above. Hence, the accused has preferred the instant appeal challenging the said conviction and sentence imposed on him.

3. The learned counsel for the appellant would submit that the instant appeal has been filed mainly challenging the sentence imposed on the appellant; and that since the appellant has been in custody since April 2024, the period of incarceration undergone by him would be sufficient punishment for the aforesaid offences and prayed for reduction of sentence.

4. The learned Additional Public Prosecutor, for the respondent, submitted that the prosecution had established its case beyond reasonable doubt and there is no infirmity in the sentence imposed by the trial Court.

5. The prosecution had established that the appellant is a Bangladeshi national and had entered into the territory of India without any valid document. The defence has not been able to discredit any of the witnesses. Further, P.W.1, the Head Constable, during his regular patrol on 30.04.2024 at about 9.00 a.m., found two persons, including the appellant near Meridian Company, Parmasivampalayam, who on seeing him attempted to escape from the spot. On enquiry, it was found that the appellant was a Bangladeshi national. The birth certificate of the appellant [Ex.P4] was seized, which proved that the appellant

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was a citizen of Bangladesh. In any case, the appellant has not challenged the finding of guilt.

6. It is seen that the appellant when he was questioned under Section 235

(2) of Cr.P.C., on sentence, has stated that his family members are living in Bangladesh and he would return to Bangladesh.

7. Admittedly, since the family members of the appellant are living in Bangladesh and since the appellant is in custody for more than twenty-four months and has served the sentence of imprisonment for the offence under the Foreigners Acts, this Court is of the view that the ends of justice would be met if the appellant is sentenced to the period of imprisonment already undergone for the offence under Section 468 and 471 of IPC.

8. Accordingly, the conviction of the appellant for the offence under under Section 3(2)(c) r/w 14 of the Foreigners Act, 1946 and Section 468 and 471 of IPC, by the learned II Additional District and Sessions Judge, Tiruppur vide Judgment dated 17.07.2026 in S.C.No.36 of 2025, is confirmed. However, the sentence imposed on the appellant i.e., to undergo RI for three years and to pay a fine of Rs.2,000/- in default to undergo SI for three months, for each of

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the offences, under Sections 468 and 471 of IPC, is modified and the appellant is sentenced to the period of imprisonment already undergone and to pay a fine of Rs.2,000/- in default to undergo SI for three months for each of the offences under Sections 468 and 471 IPC.

9. Further, the concerned authorities shall bear in mind the observations made by the Hon’ble Supreme Court in M/s.Maja Daruwala and another v. State of West Bengal reported in 2025 Law Finder SC 4783 and take appropriate action and ensure that the appellant is deported to his own Country within a period of thirty days.

10. In the result, the Criminal Appeal stands partly-allowed. 29-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No TSG Note: Issue order copy on 30.10.2026 To

1. The Inspector of Police, Perumanallur Police Station, Tiruppur. Crime No.203 of 2024.

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2. The II Additional District and Sessions Judge, Tiruppur.

3. The Superintendent, Central Prison-I, Puzhal.

4. The Public Prosecutor, Madras High Court.

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SUNDER MOHAN, J. TSG CRL A No. 1357 of 2026 29-10-2026

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