Calcutta High Cout Quashes Case Against Swiss Tourist Who Entered India Without Arrival Stamp On Passport, Calls It Bona Fide Mistake

The Calcutta High Court Circuit Bench at Jalpaiguri has quashed proceedings under the Foreigners Act, against a Swiss tourist who entered India without a valid arrival stamp on his passport. The tourist was booked under Section 14 of the Foreigners Act.

In quashing the case while holding the petitioner's actions to be a bona fide mistake, a single bench of Justice Bivas Pattanayak held:

"During investigation no such mala fide intention of the petitioner transpired, save and except that the Passport was bereft of arrival stamp. From the materials placed before this Court, it is found that the case has resulted out of a bona fide mistake of the petitioner. In view of the above, the act of petitioner is protected by Section 15 of the Foreigners Act, 1946 which provides that no suit prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under the Act."

It was argued by the counsel for the petitioner that he came to India from Switzerland on tour on a valid Passport and Visa. The petitioner tried to enter through Sonauli Land Immigration Check Post(LICP) on Nepal-India border where immigration officials cancelled his entry and instructed him to proceed to Delhi by flight instead of over land.

However, it was stated that on the assurance of a travel agent, he reentered Indian territory through Gorakhpur and was arrested due to technicalities. Counsel stated that the petitioner did not have any mala fide intention to enter India without valid documents and had himself sought permission to enter Sikkim.

It was stated that the language barrier and unfamiliarity with local protocol exacerbated the petitioner's misunderstanding. 

Counsel for the state submitted that although there was no mala fide intent on the part of the petitioner, the state had not received a report from the passport authority regarding the petitioner's passport. 

Accordingly, upon noting that the investigation did not reveal any mala fide intent on part of the petitioner, the court quashed the case against him. 

Citation: 2024 LiveLaw (Cal) 148

Case: In the matter of: Christian Mac Durand

Case No: CRR 176 of 2024

Click to read order