Relevant Legislation (Internal Link)
The Influx from West Pakistan (Control) Ordinance, 1948 No. XVII of 1948
Summary/Remarks
The applicant returned from West Pakistan to India on a temporary permit but overstayed it on 2 September 1948.The issue was whether he could be convicted under Section 4 of Influx from West Pakistan (Control) Ordinance, 1948, even though the first rules framed under the ordinance were made on 7 September 1948. It was held that the rule would not apply to the applicant because of the general principle that a statute is not retrospective in application.