CRL A/1228/2026 of MD Imran Shek Vs The State rep. by, The Inspector of Police on 27 October 2026

JUDGMENT

This Criminal Appeal challenges the Judgment of conviction and sentence dated 15.07.2026, passed by the learned II Additional District and Sessions Judge, Tiruppur, convicting 11 persons including the appellant/A5 for the offence under Section 14A(b) of the Foreigners Act, 1946 and sentencing the appellant to undergo rigorous imprisonment for two years and to pay a fine of Rs.10,000/-, in default to undergo simple imprisonment for three months. 2(i). 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.

(ii) . The appellant along with 10 others was arrested on 28.01.2025, and an FIR [Ex.P1] was registered on the complaint given by the Sub-Inspector of Police, P.W.1. After conducting the investigation, P.W.4, the investigation officer, filed the final report against the accused for the offences under Sections 3(2)(a), 3(2)(c) r/w 14A(b) of the

Foreigners Act, 1946, before the learned Judicial Magistrate No. IV, Tiruppur, which was taken on file as P.R.C.No.19 of 2025.

(iii) On the appearance of the accused, the provisions of Section 207 Cr.P.C. were complied with, and 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.202 of 2025. The trial Court framed charges against the Appellant for the offence under Section 14A(b) of the Foreigners Act, 1946, and when questioned, the appellant pleaded 'not guilty.'

(iv) To prove its case, the prosecution had examined 4 witnesses as P.W.1 to P.W.4 and marked 26 documents as Exs.P1 to P26. When the appellant was questioned, u/ s.351(1)(b) of BNSS, on the incriminating circumstances appearing against him, he pleaded guilty. The appellant neither examined any witness nor marked any document on his side.

(v) The trial Court found that the prosecution had established that appellant was a Bangladeshi national and did not have a valid document to travel to India and found him guilty of the offence under Section 14A(b) of the Foreigners Act, and accordingly, convicted and sentenced him as stated above. Hence, the appellant has preferred the instant appeal, challenging the said conviction and sentence imposed on him.

3. Ms.R.Bakiyalakshmi, 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 January 2025, she prayed for reduction of sentence.

4. Ms.Sharada Vivek, 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 was a Bangladeshi national and he 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 Sub-Inspector of Police, during her regular patrol on 28.01.2025 at about 7.00 a.m., found certain suspicious people including the appellant residing in Gowri Compound, 7th Street, Valliammai Nagar. On enquiry, they admitted that they were Bangladeshi nationals. The birth certificate of the appellant [Ex.P10] was seized, which proved that the appellant was a citizen of Bangladesh. In any case, the appellant has not challenged the finding of guilt.

6. It is seen that appellant, when he was questioned under Section 258 (2) of BNSS, on sentence, had stated that his family members are living in Bangladesh and he would return to Bangladesh.

7. It is seen from the impugned Judgment that the trial Court has imposed the minimum sentence of imprisonment on the appellant and a fine of Rs.10,000/- for the offence under Section 14A(b) of the Foreigners Act, 1946. Therefore, this Court finds no infirmity whatsoever in the sentence imposed on the appellant. However, considering the various facts, this Court is inclined to reduce the default sentence for non-payment of fine alone to three days of simple imprisonment for the aforesaid offence.

8. 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 after he has undergone his period of sentence.

9. With the above directions, the Criminal Appeal is dismissed. 27-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No ars/dk

SUNDER MOHAN, J. ars/dk To

1. The II-Additional District and Sessions Judge, Tiruppur.

2. The Inspector of Police Nallur Police Station, Tiruppur District.

3. The Superintendent of Prisons, Central Prison, Puzhal-1, Chennai.

4. The Public Prosecutor, High Court, Madras. Pre-delivery judgment in CRL A No. 1228 of 2026 27-10-2026