MD Aslam Ahsan Habib vs The State Rep. by, The Inspector of Police
- Court
- Madras High Court
CRL A No. 1357 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29-10-2026
CORAM
THE HON'BLE MR.JUSTICE SUNDER MOHAN
CRL A No. 1357 of 2026
CNR: {HCMA012453392026}
MD Aslam Ahsan Habib
S/o MD Osman,
Arbari, Upazila,
Begra Dt Loknathapara Po,
Bangladesh.
Presently confined in Central Prison-1,
Puzhal.
..Appellant(s)
Vs
The State Rep. by,
The Inspector of Police,
Perumanallur Police Station,
Tiruppur.
(Crime No.203 of 2024)
..Respondent(s)
Prayer: The Criminal Appeal is filed under Section 374(2) of Cr.P.C., to call for
the entire records in connection with the SC.No.36 of 2025 on the file of the II
Additional District and Sessions Judge at Tiruppur and set aside the conviction
and sentence imposed by the learned II Additional District and Sessions Judge
at Tiruppur in SC.No.36 of 2025 dated 17.07.2026.
For Appellant(s): Mr.R.Rafi Babu
For Respondent(s): Ms. Sharada Vivek,
Additional Public Prosecutor
Asst. by Mr.M.Arul Raj
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CRL A No. 1357 of 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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CRL A No. 1357 of 2026
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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CRL A No. 1357 of 2026
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 prov e d 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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CRL A No. 1357 of 2026
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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CRL A No. 1357 of 2026
SUNDER MOHAN, J.
TSG
CRL A No. 1357 of 2026
29-10-2026
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