Mumbai, July 18, 2026: A Thane Sessions Court has convicted a 50-year-old woman for illegally entering and residing in India without valid travel documents, sentencing her to the period of imprisonment already undergone and directing that she be deported to Bangladesh after completion of the sentence.
The court, however, acquitted her of the charge under Section 14A of the Foreigners Act, holding that the prosecution had failed to establish an essential ingredient of the offence.
Additional Sessions Judge V. L. Bhosale convicted Nunahar Kamal Shaikh under Rule 6 of the Passport (Entry into India) Rules, 1950, read with Section 3 of the Passport (Entry into India) Act, 1920, and under Section 14 of the Foreigners Act, 1946.
The court sentenced her to rigorous imprisonment for six months and 27 days under each offence, with both sentences to run concurrently. Since she had already remained in custody from September 1, 2018, to March 28, 2019, she was granted the benefit of set-off under Section 428 of the Code of Criminal Procedure. The court also imposed fines of Rs 500 and Rs 1,000 for the two offences, respectively.
Raid Led To Arrest
According to the prosecution, the accused was apprehended during a raid conducted by the Special Crime Branch on the night of August 31 and September 1, 2018, at Penkarpada Slum in Mira Road following information that Bangladeshi nationals were residing in the area illegally.
Police alleged that she admitted to being a Bangladeshi national and failed to produce any passport, visa or documents establishing Indian citizenship despite being served with a notice.
During the trial, the prosecution examined four witnesses, including members of the raiding party and the investigating officer. The court found their testimonies consistent and reliable, observing that they corroborated each other on material aspects of the raid and the accused's failure to produce valid documents.
The accused, in her statement under Section 313 of the CrPC, claimed that she possessed documents proving Indian nationality and alleged that a false case had been registered against her. She produced an Aadhaar card, PAN card, voter ID, bank passbook and other documents during the trial.
However, the court held that these documents were produced only at a belated stage and had not been furnished during the investigation despite a seven-day notice.
It further noted that under Section 9 of the Foreigners Act, the burden of proving that a person is not a foreigner lies upon that person, and the accused had failed to discharge that burden.
Court Orders Deportation
The court, however, acquitted the woman of the offence under Section 14A of the Foreigners Act. It observed that the provision applies only where a foreigner enters or resides in a notified protected or restricted area.
Since the prosecution led no evidence to show that Penkarpada Slum in Mira Road had been declared a restricted or prohibited area under the law, the essential requirement for invoking Section 14A was not established.
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Directing the authorities to take further action, the court ordered the Commissioner of Police, Thane, to ensure that the woman is deported to Bangladesh through the Bangladesh Embassy after completion of her sentence and to submit a compliance report to the court.
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