IBRAHIM vs STATE OF RAJASTHAN

The Supreme Court upheld the conviction of the appellant under Section 3(2)(a) of the Foreigners Act, 1946, for entering India without a passport after being deported. The Court ruled that the determination of whether a person is a foreigner must be based on the status at the time of the offence, not prior status. The onus of proof lies on the accused to demonstrate they are not a foreigner, and since the appellant was a Pakistani national who re-entered India without a passport post-deportation, he was rightly convicted.