Salim vs State rep by the Inspector of Police

CRL A No. 1309 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
RESERVED ON: 16-10-2026
PRONOUNCED ON: 27-10-2026
CORAM
THE HON'BLE MR.JUSTICE SUNDER MOHAN
CRL A No. 1309 of 2026
CNR: {HCMA012466632026}
1.Salim
S/o Yeazuddin,
Gowripur Village, Bangladesh
2.Mohammed Milon
S/o Hanif Howlader,
Sangsena (VIA), Navgram (PO) 8401,
Jhaikathisata (PS) Bangladesh.
3.Abdul hakim
S/o Noor Mohammed,
Paschimpara Village, Talukpara(via),
Chashepur(PO), Sherpur Dist, Bangladesh.
4.MD Abdus Mannan,
S/o Md Khalil,
45/1, Isdair (via), Fatulla(PO).
Naryangansisatar, Bangaladesh.
5.Rabiul
S/o Osman Pramanik,
Gouripur via, Rajbari Dist, Bangladesh
6.MD Rubel
S/o AH Halimkhan,
Navutai, Hosing (via), Adabar(PO).
Dhakapath City, Bangladesh.
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CRL A No. 1309 of 2026
7.MD Rabbikali
S/o. Abdur Razzak Kaji,
Gouripur Via, Rajbari Dist, Bangaldesh.
8.Abdul Amin
S/o Md Sardar Ali,
Sheikh Kakir Chandail (PO), Dhaka, Bangaldesh,
9.MD Sipan Miya
S/o Latif,
Biramervita (via), Manoharpur, Palashbari (PS),
Gaibandha (DT), Bangladesh,
10.Asadul Islam,
S/o. Absar Ali,
Enayatnagar (PO), Banabania(via).
Narayanbans Sadar Dt., Bangladesh.
All the Accused are presently confined in Central
Prison-I, Puzhal
..Appellant(s)
Vs
State rep by the Inspector of Police
Velampalayam Police Station,
Tiruppur City
Crime No.99 of 2025.
..Respondent(s)
Criminal Appeal filed under Section 415(2) of the BNSS, to call for the
entire records in connection with the SC No.178 of 2025 on the file of the
learned Sessions Judge, Special Court for trial of SC/ST Cases at
Tiruppur and set aside the conviction and sentence imposed by the
Learned Sessions Judge, Special Court for trial of SC/ST cases, at
tiruppur in S.C.N.178 of 2025 dated 01.09.2026.
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CRL A No. 1309 of 2026
For Appellant(s): Mr.R.Rafi Babu
For Respondent(s): Mrs. Sharada Vivek,
Additional Public Prosecutor
assisted by Mr. M. Arul Raj
JUDGMENT
This Criminal Appeal challenges the Judgment of conviction and
sentence dated 01.09.2026, passed by the learned Sessions Judge, Special
Court for Trial of SC/ST cases at Tiruppur, convicting 19 persons
including the appellants (A1, A3, A4, A5, A8, A9, A10, A11, A15 and
A18) for the following offences:
Accused/Appellant
Offence under Section Sentence imposed
No.
Each to undergo SI for two years
and to pay a fine of Rs.10,000/-, in
default to undergo SI for one month.
A3, A4, A5, A8,
A10, A11 and A18
Appellants 2 to 5, 7,8
and 10
Section 14A of the
Foreigners Act, 1946
Each to undergo SI for two years
and to pay a fine of Rs.10,000/-
each, in default to undergo SI for
one month.
Section 14A of the
Foreigners Act, 1946
Each to undergo SI for two years
and to pay a fine of Rs.1000/- each,
in default to undergo SI for one
month.
A1, A9 and A15/
Appellants 1, 6 and 9
Section 336(3) of BNS
Each to undergo SI for two years
and to pay a fine of Rs.1000/- each,
in default to undergo SI for one
month.
Section 340(2) of BNS
Sentences were ordered to run concurrently.
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CRL A No. 1309 of 2026
2(i). The allegation against the appellants is that they had entered
into Indian territory and they were staying at Tiruppur without any valid
passport, visa, or any valid travel document from Bangladesh, and some
of them were found to be in possession of forged Aadhar and PAN cards,
and thus, committed the aforesaid offence.
(ii). The appellants were arrested on 25.01.2025, and an FIR was
registered on the complaint given by the Sub-Inspector of Police, P.W.1.
After conducting the investigation, P.W.8, the investigation officer, filed
the final report for the offences under Sections 3(2)(c) r/w 14A(b)of the
Foreigners Act, 1946, and Sections 336(2), 336(3), 343(2) of BNS before
the learned Judicial Magistrate No.III, Tiruppur.
(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 Sessions Judge, Tiruppur, for trial, which was taken on file as
S.C.No.178 of 2025. The trial Court framed charges against the
Appellants (A1, A9, A15) for the offences under Section 14A of the
Foreigners Act, 1946, and Sections 336(3) and 340(2) of BNS and against
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CRL A No. 1309 of 2026
other Appellants (A3, A4, A5, A8, A10, A11 and A18) for the offence
under Section 14A of the Foreigners Act, 1946, and when questioned, the
accused pleaded 'not guilty.'
(iv) To prove its case, the prosecution had examined 8 witnesses as
P.W.1 to P.W.8 and marked 33 documents as Exs.P1 to P33 besides two
material objects, M.O.1 and M.O.2. When the accused were questioned,
u/s.313 Cr.P.C., on the incriminating circumstances appearing against
them, they denied the same. The Appellants neither examined any witness
nor marked any document on their side.
(v) The trial Court found that the prosecution had established that
all the appellants are Bangladeshi nationals and did not have a valid
document to travel to India and found them guilty of the offences under
Section 14A of the Foreigners Act, Sections 336(3) and 340(2) of BNS
and accordingly, convicted and sentenced them as stated above. Hence,
the appellants have preferred the instant appeal challenging the said
conviction and sentence imposed on them.
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CRL A No. 1309 of 2026
3.Mr.R.Rafi Babu, the learned counsel for the appellants, would
submit that the instant appeal has been filed mainly challenging the
sentence imposed on the appellants; and that since the appellants have
been in custody since January 2025, the period of incarceration
undergone by them would be a sufficient punishment for the aforesaid
offences and 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 all the appellants are
Bangladeshi nationals and they had entered into the territory of India
without any valid document and that some of the appellants (A1, A9,
A15) were found to be in possession of forged Government ID cards. The
defence has not been able to discredit any of the witnesses. Further,
P.W.1, the Sub-Inspector of Police, has deposed that while he was on
patrol duty on 25.01.2025 around 6.00 p.m., based on an information
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CRL A No. 1309 of 2026
received from an informer, found 20 suspicious people standing near
G.V.Shri Hotel, Varathottam, who were speaking in Hindi and Bengali.
On enquiry, he found that they were Bangladeshi Nationals and that some
of them had forged Aadhar and PAN cards, which they admitted to have
obtained using fake addresses from a broker in Kolkata. P.W.8 seized the
ID cards and birth certificates of the appellants, which proved that they
were citizens of Bangladesh. In any case, the appellants have not
challenged the finding of guilt.
6. It is seen that most of the appellants, when they were questioned
under Section 258 (2) of BNSS, on sentence, have prayed to consider the
period spent in camp as imprisonment and therefore, prayed to grant the
minimum sentence prescribed by the Act.
7. It is seen from the impugned Judgment that the trial Court has
imposed the minimum sentence of imprisonment on the appellants and a
fine of Rs.10,000/- for the offence under Section 14A of the Foreigners
Act, 1946. Further, the trial Court had imposed the sentence of two years
of simple imprisonment and a fine of Rs.1000/- for each of the offences
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CRL A No. 1309 of 2026
under Sections 336(3) and 340(2) of BNS. This Court finds no infirmity
whatsoever in the sentence imposed on the appellants for the said
offences. 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 each of the offences.
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
appellants are deported to their own Country within a period of thirty
days after they have undergone their 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
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CRL A No. 1309 of 2026
SUNDER MOHAN, J.
ars/dk
To
1. The Sessions Judge,
Special Court for trial of SC/ST Cases,
Tiruppur.
2. The Inspector of Police
Velampalayam Police Station,
Tiruppur City.
3. The Superintendent of Prisons,
Central Prison, Puzhal-1, Chennai.
4. The Public Prosecutor,
High Court, Madras.
Pre-delivery judgment in
CRL A No. 1309 of 2026
27-10-2026
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