Final Order 1

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IN THE COURT OF JUDICIAL MAGISTRATE FIRST CLASS
29TH COURT, DADAR, MUMBAI.
B.A. No. 171/2025 IN C. R. No. 34/2024 of Wadala Police Station.
This is an application by the accused for releasing him on
bail. Ld. APP & I.O. claimed rejection of the application.
02. It is alleged by the prosecution that on dated 07/02/2025,
at about 4.30 p.m., police constable Kamble was on patrolling duty with
PSI Jadhav, PHC Kasar and PC Babar as member of anti terrorist squad.
While patrolling, they found one person in suspected manner at Daya
Shankar Chowk, Salt Pen Road, Wadala (E), Mumbai. After inquiring
with him, he found to be a Bangladeshi citizen named as Rabban
Siddhiqu Shaikh. He was no possessing any documents for authorizing
his entry in India. Hence, he came to be arrested and on search of his
person, one mobile of Oppo company containing phone numbers of his
relatives from Bangladesh is found. Hence, Police constable Kamble
lodged report against the accused for illegally crossing border of the
country.
03. In light of the application, it is imperative to state that I.O.
filed say on dated 24/02/2025 that the present accused was arrested in
C. R. No.14/20213 from Kamothe Police Station for the same offence
and he came to be convicted in that offence after pleading guilty by
him. It is further contended that the accused has been deported to his
country after undergoing sentence of imprisonment.
04. In this regard, I.O. further filed copy of judgment from RCC
No.490/2013 showing that the present accused was accused No.1 in
that case and prosecuted for the offence punishable under Section 14 of
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the Foreigners Act. It further shows that said accused pleaded guilty in
spite of direction by the Court to reconsider their plea for guilty.
Accordingly, said accused is came to be convicted vide judgment of
dated 04/12/2013.
05. Above said judgment is not disputed by the accused or his
Ld. Advocate. This itself clearly shows that already the accused
deported to his country after undergoing imprisonment for same
offence. It means that the accused has been again returned to India
after deportation and illegally residing in the country, after having
knowledge of his previous deportation. This prima facie shows that the
accusation are well founded and the accused again illegally entered into
India.
06. Ld. Advocate for the accused simply relied on Aadhar card,
PAN card, driving license and Election card contending that this is
sufficient proof of his Nationality. However, by way of various
pronouncements, it is already settled that above said documents cannot
be considered as a proof of Nationality. On the contrary, above said
documents supported with submissions for the accused shows that the
accused prepared this documents to show Nationality / citizenship of
India, despite of having knowledge that he belong to Bangladesh.
07. Hence, it is clear that the accused re-entered into India
without any legal documents authorizing his entry in India and that too,
after undergoing imprisonment for the same offence. Hence, I did not
find any merit in the application and accordingly, it will have to
rejected. Hence, the order :-
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B.A. No. 171/2025 IN C. R. No. 34/2024 of Wadala Police Station
O R D E R
The application is rejected.
(P. S. Shinde)
Judicial Magistrate First Class,
Date : 06-03-2025. 29th Court, Dadar, Mumbai.
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