MD Imran Shek vs The State rep. by, The Inspector of Police

Court
Madras High Court

2026:MHC:4364
CRL A No. 1228 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. 1228 of 2026
CNR: {HCMA012186932026}
MD Imran Shek
S/o Hannan Shek,
Baragraur Gram Srui Nagar post,
Fathulla Kana Naranganj, Bangaladesh,
Now Confined in
Central Prison, Puzhal-1.
..Appellant(s)
Vs
The State rep. by,
The Inspector of Police,
Nallur Police Station,
Tiruppur District.
Crime No.84 of 2025.
..Respondent(s)
Criminal Appeal filed under Section 415(2) of the BNSS, to call for the
records and set aside the conviction and sentence made in SC.No.202 of
2025 on the learned II-Additional District and Sessions Judge, Tiruppur
dt.15.07.2026 and acquit the Appellant/Accused-5.
For Appellant(s): Ms.R.Bakiyalakshmi
For Respondent(s): Mrs. Sharada Vivek,
Additional Public Prosecutor
assisted by Mr. M. Arul Raj
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2026:MHC:4364
CRL A No. 1228 of 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
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2026:MHC:4364
CRL A No. 1228 of 2026
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.
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2026:MHC:4364
CRL A No. 1228 of 2026
(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
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2026:MHC:4364
CRL A No. 1228 of 2026
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,
th
7 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
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2026:MHC:4364
CRL A No. 1228 of 2026
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
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2026:MHC:4364
CRL A No. 1228 of 2026
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
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