Hotel manager acquitted in Foreigners Act case due to lack of evidence
06/08/2026
JAMMU, Aug 5: A court in Jammu has discharged and acquitted the manager of Hotel Mansar Residency in a case registered under the Foreigners Act, holding that the prosecution failed to produce any evidence to establish that he had not submitted the mandatory online C-Form regarding the stay of six Bangladeshi nationals.
Sub-Judge and Special Railway Magistrate Jammu, Sandeep Singh Sen, passed the order while discharging Anil Bakshi, manager of Hotel Mansar Residency, who was represented by Aseem Sawhney, Senior Advocate and Associates. The prosecution was represented by the Assistant Public Prosecutor.
According to the prosecution, six Bangladeshi nationals stayed at the hotel between March 3 and March 4, 2023, and the hotel management failed to upload the mandatory online C-Form within the prescribed time, leading to registration of an FIR under Sections 7/14-C of the Foreigners Act.
The defence argued that the prosecution had failed to establish through any competent authority or official from the Immigration, Visa, Foreigners Registration and Tracking (IVFRT) system that the C-Form had not been submitted. It also contended that no official from the Foreigners Registration Office or passport authorities had been cited as a witness and that the investigation was based only on statements of hotel employees.
Accepting the defence's submissions, the court observed that the sole allegation against the accused was the alleged failure to submit the online C-Form. However, the prosecution had not produced "even a single evidence" from the concerned agency to prove that the form had not been uploaded or that the online portal reflected any default. The court also noted that no official from the competent authority had been examined to substantiate the allegation.
The magistrate held that, at the stage of framing charges, a prima facie case must be supported by material on record. In the absence of cogent evidence linking the accused to any violation of the Foreigners Act, the court found no sufficient ground to proceed with the trial.
Consequently, the court discharged Anil Bakshi of all charges, acquitted him in the case, discharged his bail and surety bonds, and ordered the case file to be consigned to the record room after due completion of formalities.
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