Nabadwip Das vs State Of Tripura

Dr. T. Amarnath Goud, J

This present appeal has been filed under Section 374 of the Code of Criminal Procedure, 1973, against the judgment and order of conviction dated 18-02-2025 passed in S.T. (T-II) 15 of 2024 by the learned Sessions Judge, South Tripura, Belonia, whereby the learned Judge convicted and sentenced the appellant herein to undergo Rigorous Imprisonment for 2 (two) years and to pay a fine of Rs. 10,000/- (ten thousand), punishable under Section 14A(b) of the Foreigners Act, 1946; and in default of payment of fine, he shall suffer Simple Imprisonment for 15 days.

Heard both sides.

On perusal of the record, this Court considers that the quantum of punishment imposed upon the appellant is on the higher side. This Court deems it proper to reduce the same, and for the period already undergone in jail, the sentence to that extent is considered sufficient. The remaining part, being the fine amount of Rs. 10,000/-, is waived.

The learned Addl. P.P., appearing for the State-respondent, has placed on record a written instruction from the Home Department, Government of Tripura, stating that they have no objection to pushing back the appellant to his home nation as per procedure.

In view of the above, the appeal is allowed to the extent indicated herein, and there shall be a direction to the respondent– Secretary, Department of Home, State of Tripura, to take steps to push back the appellant to his home nation as per procedure, at the earliest.

With the above observation and direction, this present appeal stands disposed of. As a sequel, stay, if any, stands vacated. Pending application(s), if any, also stand closed.