The Calcutta High Court has reduced the prison sentence of a Bangladeshi woman convicted under Section 14A(b) of the Foreigners Act, 1946, to the period already undergone and directed that she be released forthwith and repatriated to Bangladesh in accordance with law.

Justice Jay Sengupta passed the order while hearing an appeal filed by Tanushree Sarkar alias Putul, who had been sentenced to three years of imprisonment and a fine of Rs. 6,000 by the Additional District and Sessions Judge, Fast Track Court-I, Bongaon, North 24 Parganas, in September 2025.

The appellant had already undergone approximately one-and-a-half years of imprisonment. The Court observed that “no purpose will be served in keeping the appellant in custody for a longer period.”

The Court affirmed her conviction but reduced the substantive sentence of imprisonment to the period already undergone, taking into account the circumstances of the case and her desire to return to Bangladesh.

Background

The appellant had been convicted under Section 14A(b) of the Foreigners Act, 1946, in connection with Bongaon Police Station Case No. 302 of 2025, registered on March 31, 2025.

During the appeal, her counsel raised a plea of juvenility, contending that although a document submitted before the Magistrate indicated that she was an adult, her Bangladeshi passport recorded her date of birth as December 30, 2007. According to the submissions, this indicated that she was a minor at the time of the offence.

The appellant had pleaded guilty before the trial court but had not raised the plea of juvenility during the trial. Her counsel submitted that she wished to return to Bangladesh as soon as possible.

Opposing the appeal, the State contended that, in view of the guilty plea, the challenge could not be entertained on the merits of the conviction and could be considered only with regard to the sentence.

The State also referred to a report dated October 1, 2026, issued by the Deputy High Commission for the People's Republic of Bangladesh in Kolkata, confirming that the appellant held a Bangladeshi passport bearing No. A11306165, which recorded her date of birth as December 30, 2007. The State submitted that it had no objection to her repatriation and that the Court could consider her sentence in that context.

The Court observed that, since the appellant had pleaded guilty, questions other than the sentence could hardly be entertained at that stage. It noted that her principal submission was that she wished to return to her home country.

While affirming the conviction, the Court directed that the appellant be released forthwith and repatriated to Bangladesh in accordance with law. It further directed the State to hand over her Bangladeshi passport through the Superintendent of the Correctional Home at the time of her release for the purpose of repatriation.

The Court also directed that any articles seized from the appellant at the time of her arrest be returned in accordance with law.

The appeal was accordingly disposed of.

Case: Tanushree Sarkar @ Putul Vs. The State of West Bengal