A sessions court in Thane has delivered a stern verdict in a case of illegal immigration, convicting a woman from Bangladesh for residing in India without valid documents. The court sentenced her to one year of rigorous imprisonment and imposed a fine of Rs 1,000. Furthermore, the judge ordered her deportation to Bangladesh upon completion of her jail term.
How the Illegal Stay Was Uncovered
The case came to light in January 2025 when the Kalwa police station received specific intelligence about a foreign national living locally without proper papers. Acting swiftly on the tip, officers located the woman in a slum area of Kalwa. During initial questioning, she could not produce a valid passport or visa authorizing her stay in India.
Subsequent investigation revealed a clear timeline: she had entered India on a visa that expired in mid-January 2025. Despite this expiration, she continued to live in the country without applying for an extension or renewing her documents. Official verification with the Foreigners Regional Registration Office (FRRO) confirmed both her Bangladeshi nationality and the lapsed status of her visa. Police evidence also included mobile records showing frequent communication with contacts in Bangladesh.
The Court's Judgment and Legal Stand
During the trial, the prosecution presented police witnesses and documentary evidence from the FRRO. The defense argued that the woman was residing lawfully but failed to provide any proof to support this claim.
In its judgment, the court emphasized a key legal principle under Section 9 of the Foreigners Act: the burden of proving lawful stay lies with the accused. The judge noted that the accused did not discharge this burden and offered no explanation for her continued presence in India post-visa expiry. The court concluded that the prosecution had proven its case beyond reasonable doubt.
Sentence and Deportation Order
Considering the nature of the offence and the time she had already spent in custody, the court awarded the minimum sentence prescribed by law. The period already undergone will be set off against the one-year term.
Critically, the court directed the district administration to initiate deportation proceedings after she completes her prison sentence. This will be done in strict accordance with established rules and procedures, ensuring her return to Bangladesh.
This case highlights the legal consequences of visa overstay and underscores the authorities' active monitoring of foreign nationals' immigration status, even at the local police station level.
