Calcutta High Court Quashes Case Against Swiss Tourist Who Entered India Without Arrival Stamp on Passport, Cites 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 had been booked under Section 14 of the Foreigners Act.
In its decision, a single bench of Justice Bivas Pattanayak ruled that the petitioner’s actions were a bona fide mistake:
“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.”
The petitioner, represented by his counsel, argued that he had come to India from Switzerland on a valid passport and visa. The tourist attempted to enter India through the Sonauli Land Immigration Check Post (LICP) on the Nepal-India border, where immigration officials canceled his entry and instructed him to proceed to Delhi by flight instead of overland.
Following the advice of a travel agent, he reentered Indian territory through Gorakhpur but was arrested due to technicalities. The counsel stated that the petitioner had no mala fide intention to enter India without valid documents and had even sought permission to enter Sikkim.
The language barrier and unfamiliarity with local protocols exacerbated the misunderstanding, the petitioner’s counsel added.
The state’s counsel acknowledged that there was no mala fide intent on the part of the petitioner but noted that the state had not received a report from the passport authority regarding the petitioner’s passport.
After considering the investigation findings, which revealed no mala fide intent, the court quashed the case against the tourist.
Case: In the matter of: Christian Mac Durand
Case No: CRR 176 of 2024
