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Adbul Hamid & Ors. vs. State of Rajasthan

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Ranbir Penal Code–Secs. 121, 121-A, 122 & 123–Foreigners Act, 1946–Sec. 14–Conviction–Appropriate section–Appellants Afgan residents entered and spotted in Indian territory–They surrendered before the patrolling team when they were asked to do so–Arms and Pakistan currency were recovered, however, they did not choose to fire on the patrolling party–No evidence to show that they made any effort for abatement for waging war against Indian Govt.–Held, conviction u/ss. 121, 121-A, & 122 are declared illegal.