The petitioner was charged under the Influx from Pakistan (Control) Act, 1949 for residing in Calcutta beyond the permit. The permit was from Feb 1950 to Feb 1951, but was issued to the petitioner in April 1951, which was after the permit had expired. The petitioner claimed to have always been a resident of India and having never applied for such a permit. It was held by the court that even without deciding the claim of nationality, prima facie, the permit could not give rise to any charges under the Act because of its sheer impossibility.
Nazir Hussain vs State