STATE OF GUJARAT vs YAKUB IBRAHIM

The Supreme Court held that under Section 9(2) of the Citizenship Act, 1955, the Central Government must determine whether an individual has acquired foreign citizenship before any prosecution under the Foreigner's Act, 1946 can proceed. The Court quashed the charges against the respondent, emphasizing that the trial court lacked jurisdiction to acquit or convict without this determination. The decision clarified that the question of foreign citizenship acquisition was decisive and must be resolved prior to any legal proceedings.