Judgement

SINHA, J. : This petition under Art. 32 of the Constitution challenges the vires of certain provisions of the Bombay Police Act, 22 of 1951, which hereinafter will be referred to as "The Act" with particular reference to S. 57 under which the externment order dated 8-11-1954 was passed against the petitioner by respondent 1, the Deputy Commissioner of Police, Crime Branch (1), C.I.D., Greater Bombay.

Respondent 2 is the State of Bombay. The petitioner, who claims to be a citizen of India, was born in Bombay and had been, before the order of externment in question, residing in one of the quarters of the City of Bombay. He keeps bullock carts for carrying on his business of transport and cows for selling milk. The petitioner alleges that the Prohibition Police of the City instituted twelve prohibition cases against him which all ended either in his discharge or acquittal.

An "externment order" was passed against him in August 1950. That order was set aside by the Government in December 1950, on appeal by the petitioner. In December 1953 an order of detention was passed against him under the Preventive Detention Act, 1950, and he was detained in the Thana District prison. He mo