Chhanga Khan was convicted under Section 3 of the Passport Act. He had come to India from Pakistan while his passport was valid up to 19-11-1957. Under his visa, he was permitted to stay till 1954, which he overstayed. The court held that there was no provision of law which provides a punishment for over-staying, if the passport is valid. Entry into India is different from overstaying and cannot be read to mean the same. The Influx from Pakistan (Control) Act, 1949, could not apply since it had been repealed in 1952.
Chhanga Khan vs State