Mubarak Hossain v The King [AIR 1950 Cal 193]
The Influx from West Pakistan (Control) Ordinance, 1948 No. XVII of 1948
The petitioners went from Calcutta to Lahore on a Temporary Business permit granted by Pakistan and India for two months. They received temporary permits to return to India, with the permit being valid for two months. The petitioners did not return to West Pakistan on its expiry and were convicted under the Section 4, Influx from Western Pakistan (Control) Ordinance, 1948, and Rule 12, Permit System Rules, 1948. Rule 12 laid down that no person holding a temporary permit shall stay in India after the date of expiry of such permit. The court interpreted the Rules and stated that Rule 16A applied to a person claiming to be domiciled in India and having gone to Pakistan on a temporary visit. The Rules required the High Commissioner/Deputy High Commissioner to grant a two months temporary permit in case they were not satisfied of the petitioner's domicile, meanwhile continuing enquiry about the same. In case the enquiry lasts longer than two months, they may extend the period. Since this requires evidence, the court set aside the conviction and asked prosecution for evidence about whether application had been made under Rule 16A.