Ta Ta v. The State

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** CRA(SB)/2/2024 IA.NO: CRAN/1/2024 Ta Ta Vs.

The State Mr. Anzer Ali .... for the petitioner Ms.A.S.Zinu ... for the State July 08, 2024 [SR] Item No. 2 Re: CRAN/1/2024 I have considered the averments made in the application for condonation of delay. The delay is condoned. CRAN/1/2024 is disposed of.

Re:CRA(SB)/2/2024 Appellant is a foreign national.

He pleaded guilty to the charge framed under section 14A of Foreigners (Amendment Act and sections 7/8(2) of the PAT Regulation. Accordingly, he was convicted and sentenced him to suffer two years imprisonment and to pay fine of Rs.10,000/- in default to suffer imprisonment of one month more. Learned counsel for the appellant submits that the appellant is suffering from cancer and the appeal may be admitted on humanitarian ground.

In view of the fact, appellant had pleaded guilty to the charge, the appeal against the order of conviction is not maintainable.

Even there is no scope to interfere with the sentence imposed upon him.

The appeal is accordingly dismissed.

While dismissing the appeal, I take note of the health condition of the appellant and direct the Correction Home authorities to extend all possible treatment to the appellant in accordance with law. In the event, the health condition of the appellant further deteriorates it shall be open to the Administration to consider his release on parole for better treatment as per rules. ( Joymalya Bagchi, J. )