Judgment

HIDAYATULLAH, J. : This is an appeal by the State of Bombay, with the special leave of this Court, against the order of acquittal by the High Court of Bombay of the respondent, Vishnu Ramchandra, who was prosecuted under S. 142 of the Bombay Police Act and sentenced to six months rigorous imprisonment by the Presidency Magistrate, 2nd Court, Mazagaon, Bombay.

2. On November 16, 1949, Vishnu Ramchandra was convicted under Ss. 380 and 114 of the Indian Penal Code, and sentenced to one month s rigorous imprisonment. On October 15, 1957, the Deputy Commissioner of Police, Bombay, acting under S. 57(a) of the Bombay Police Act (22 of 1951), passed an order against Vishnu Ramchandra which was to operate for one year, externing him from the limits of Greater Bombay. At that time, a prosecution under S. 411 of the Indian Penal Code was pending against Vishnu Ramchandra, and he was not immediately externed, to enable him to attend the case. This prosecution came to an end on July 10, 1958, and resulted in his acquittal. Immediately afterwards, a constable took him outside the limits of Greater Bombay, and left him there. The prosecution case was that he returned to Greater Bombay, a