A Bona Fide Mistake: Calcutta HC Quashes Proceedings U/S 14 Foreigners Act Against Swiss Tourist Who Entered India Without Arrival Stamp On Passport
The Calcutta High Court quashed proceedings under Section 14 of the Foreigners Act, 1946 (the Act) against a foreign national who entered India without an arrival stamp on his passport, observing it to be a result of a ‘bona fide mistake.’
The Jalpaiguri Bench allowed the Swiss Tourist’s (petitioner) application under Section 482 of the CrPC stating that the petitioner was protected by Section 15 of the Act which provides that “no suit prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under the Act.”
A Single Bench of Justice Bivas Pattanayak observed, “From the materials placed before this Court, it is found that the case has resulted out of a bona fide mistake of the petitioner. In view of the above, the act of petitioner is protected by Section 15 of the Foreigners Act, 1946.”
Advocate Sanjay Vashishtha represented the petitioner, while Advocate Aditi Shankar Chakraborty appeared for the State.
The petitioner arrived in India for tourism on a visa issued by the competent authority. Seeking permission to enter Sikkim, the petitioner visited the Foreigners Registration Office (FRO), where the immigration officials discovered his passport did not have an arrival stamp. Resultantly, he was arrested by law enforcement officials and an FIR under Section 14 of the Act was registered.
The Swiss National argued that his entry into India was facilitated through Sonauli Land Immigration Check Post (LICP) on the Nepal-India border, where the immigration officials cancelled his entry and instructed him to proceed to Delhi by flight instead of over land. Misguided by a local travel agent, the petitioner re-entered India through Gorakhpur, resulting in his arrest due to technical difficulties with his documentation.
Referring to Section 15 of the Act, which protects actions done in good faith from prosecution, the petitioner further argued that he did not intend to breach immigration laws and sought permission to enter Sikkim in good faith.
“During investigation no such mala fide intention of the petitioner transpired, save and except that the Passport was bereft of arrival stamp. The petitioner has filed a copy of e-FRRO issued by the Bureau of Immigration, India,” the Court remarked.
Consequently, the Court held, “In view of the above, the act of petitioner is protected by Section 15 of the Foreigners Act, 1946 which provides that no suit prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under the Act. Accordingly, this Court finds substance in the submissions of the learned advocate for the petitioner in this regard.”
Accordingly, the High Court allowed the application.
Cause Title: In Re: An application under Section 401 read with Section 482 of the Code of Criminal Procedure, 1973; In the matter of: Christian Marc Durand
Appearance:
Petitioner: Advocates Sanjay Vashishtha, Dhiraj Lakhotia, Saptak Mazumder and Khushi Kundu
State: Advocates Aditi Shankar Chakraborty and Arjun Chowdhury
