Case No.:

AC-CR-REV-180-1956

Court:

Court of Criminal Appeal

Issue No.:

1961

Principles

·  Passports and Permits—Passports and Permits Ordinance, 1922, s. 6—Alien entry without permission

·  Passports and Permits—Passports and Permits Ordinance. 1922. 5. 31—Expulsion of persons who enter illegally and later become Sudanese by marriage

·  Nationality—Definition of Sudan Ordinance, 1918, s. 3 (d)—Sudanese by marriage

Accused entered the Sudan as a non-Sudanese without passport. Later she married a Sudanese. She was convicted under Passports and Permits Ordinance, 1922. s. 6 [see Passports and Immigration Act. 1960 (1960 Act No. 40), s. 10], and ordered expelled under Passports and Permits Ordinance. 1922. 5. 31 [see Passports and Immigration Act. 1960 (1960 Act No. 40), 5. 30 (b)].
Held: (1) Conviction under Passports and Permits Ordinance, 1922, S. 6, confirmed.
(2) Because after illegal entry accused became Sudanese by marriage under

Definition of Sudanese Ordinance.1948 s. 3 (d) [ Sudanese Nationality Act . 1957( Act No. 22). 5. ). she does not fall within the purview of Passports and Permits Ordinance. 1922. 5. 31, and therefore cannot be expelled from the Sudan for her prior illegal entry.

Judgment

)CRIMINAL REVISION(

SUDAN GOVERNMENT v. FATMA SAEED MOHAMED

AC-CR-REV-180-1956

M. 1. El Nur J. December18, 1956 Accused Fatma Saeed Mohamed, a Jabarteya (Abyssinian) entered the Sudan without passport. She therefore committed an offence under the Passports and Permits Ordinance, 1922, .s. 6. But in 1954 she married a Sudanese; Marriage Certificate No. (9172) issued on August 1, 1954 does not show she retained her nationality upon marriage. Therefore under Definition of Sudanese Ordinance, 1948, S. 3 (d), she became Sudanese and cannot be expelled from the Sudan. Therefore while I confirm the finding of guilty under Passports and Permits Ordinance. 1922, S. 6, and the fine of £E10, I quash the order of her expulsion from the Sudan