Judgement

SINHA, J. : These petitions under Article 32 of the Constitution challenge the constitutionality of some of the provisions of the Bombay Police Act. 22 of 1951 (which hereinafter will be referred to as "The Act"), with special reference to S. 56, as also of the orders passed against them externing them under that section of the Act.

2. In Petition No. 439 of 1955 Babubhai Dullabhbhai Bhandari is the petitioner and the District Magistrate of Thana, the Deputy Superintendent of Police and Sub-Divisional Police Officer, Bhivandi Division, Bhiwandi, District Thana, and the State of Bombay are respondents 1, 2 and 3. The petitioner is a citizen of India and carries on trade in grass in Bhilad, a railway station on the Western Railway. On 21st January 1955 the Deputy Superintendent of Police and Sub-Divisional Police Officer, Bhiwandi Division, served a notice under S. 56 of the Act in the following terms :-

No. Ext. 3/1 of 1955

Office of the S.D.P.O. Bhiwandi,

Bhiwandi, dated 21-1-1955.

(I) I, Shri C. V. Bapat, Deputy Superintendent of Police and Sub-Divisional Office, Bhiwandi Division, District Thana, do hereby issue a notice to you, Shri Bhagu Dubal Bhandari alias Bhagwanbhai Dul