Petitioner visited India from Pakistan on a temporary permit for one month, following the expiry of which he did not leave India and instead wrote to the High Commissioner that he is an Indian resident. He was prosecuted under the Influx from West Pakistan (Control) Ordinance XVII (17) of 1948. This ordinance only gave powers to arrest a person for entering India without a permit, and not for subsequent breach of the conditions in a permit. Ordinance XXXIV (34) of 1948 gave this additional power, but was published after the arrest of the petitioner. The court held that the offence of the petitioner of having breached the conditions of his permit was a continuing offence, and is hence not protected by Article 20 of the Constitution. Therefore, the petition was dismissed.
Abu Mohmed Memon vs The Chief Secretary, Government of Saurashtra
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