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1968 Supreme(SC) 111

A. N. GROVER, C. A. VAIDIALINGAM, M. HIDAYATULLAH
State Of Gujarat – Appellant
Versus
Mehbubkhan Usmankhan Ahmed Noormohamad – Respondent


Advocates:
Anu Mehta, G.L.SANGHI, I.M.SHROFF, J.B.DADACHAN, O.P.MALHOTRA, P.C.BHARTARI, R.H.Dhebar

Judgement

VAIDIALINGAM, J. : In these criminal appeals, by special leave, the State of Gujarat and its officer, the Deputy Commissioner of Police, Traffic Branch Ahmedabad City, challenge the orders dated April, 8. 1965, passed by the Gujarat High Court, in Special Criminal Applications Nos. 3 and 8 of 1965 quashing the orders of externment passed against the respective respondents under S. 56 of the Bombay Police Act, 1951 (Bom. Act XXII of 1951), (hereinafter referred to as the Act). Criminal Appeal No. 167 of 1965 is directed against the order in Special Criminal Application No 3 of 1965, and Criminal Appeal No. 168 of 1965, is directed against the order in Special Criminal Application No. 8 of 1965.

2. The Deputy Commissioner of Police, Traffic Branch, Ahmedabad City, served a notice, dated August 13, 1964, on the respondent in Criminal Appeal No. 167 of 1985, under S. 59 read with S. 56 of the Act, in the following terms :

"Under Section 59 of the Bombay Police Act (Bom. Act XXII of 1951) you are hereby informed that the following allegations are made against you in a proceeding under Section 56 of the said Act, and it is proposed that you should be removed outside the District o































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