NO OFFENCE U/S 14 OF THE FOREIGNERS ACT IF ACCUSED NOT AWARE OF THE VISA STATUS OF THE FOREIGNERS

The Apex Court held that no person could be said to have committed abetment u/s 14C of the Foreigners Act 1946 ('The Act') if he was not aware of the visa status of the foreigners.

The appellant (a Senior Engineer with Spring Energy Private Limited) was alleged to have facilitated the visit by the two Chinese citizens, who were on tourist visas to Rewa Solar Plant Project. Subsequently, an FIR was filed for violation of Section 7 and Section 14 of the Act.

The police did not find any violation of Section 7 and hence, did not invoke the provision in the charge sheet. However, the trial court framed charges u/s 7 read with section 14 against the accused. The same was declined by the HC leading to the present appeal.

The A Division Bench of Justices Sanjiv Khanna and Bela M Trivedi said that it is unable to understand the reasoning given by the trial court about the offence u/s 7 read with Section 14 of the Foreigners Act. The Court noted that for violation of Section 14C, the accused should have abetted the offences u/s 14, 14A and 14B of the Act. 

"The two Chinese citizens visited the site along with the employee of M/s PS Enterprises, Adarsh Kumar Singh. There is no indication that the appellant was aware that the Chinese citizens had travelled on tourist visas."

Given the above, the Court proceeded to quash the case.