Jammu Tawi, February 15
Principal Sessions Judge Jammu Vinod Chatterji Koul awarded 3 years rigorous imprisonment to Mohammed Sohail Choudhary, a Bangladeshi national.
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. Rajarshi 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 went on the road towards village Trewa in a suspicion manner.
Sentry held the accused at the Arnia Unit, saw his documents, wherein his name was found to be Mohammed 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 where after 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 Mohammed Iqbal. 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 charge i.e. commission of offence punishable u/s 14 A Foreign (Amendment) Act 2004 against the accused.
Therefore, 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 section14 A 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.
Jammu Tawi, February 15