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1985 Supreme(Bom) 243

C.S.DHARMADHIKARI, V.V.VAZE
Narayan Motiram Khilnani – Appellant
Versus
State of Maharashtra – Respondent


JUDGMENT - C.S. DHARMADHIKARI, J.:---In this case the petitioner has challenged the order of externment issued by the Deputy Commissioner of Police, Crime Branch, C.I.D., Greater Bombay dated 1-4-1985.

2. We have heard Shri Gupte the learned Counsel appearing for the petitioner and have gone through the record produced before us. From the bare perusal of the show cause notice, it is clear that the reliance is placed in the said show cause notice on, in all 23 convictions recorded upto 28th November, 1978. Earlier 22 convictions are of the year 1972. It is pertinent to note that in the year 1981 an order of externment was passed against the petitioner externing him for a period of two years which must be obviously on the basis of those very cases. This position is not disputed by the Deputy Commissioner of Police in his affidavit. However, it is stated by him that four more cases of cheating are pending against the petitioner before the Metropolitan Magistrate, 19th Court, Esplanade, Bombay bearing Nos. 1980/P of 1983. A reference is also made to some other cases of the year 1983-84 in the affidavit. In para 9, C.R. No. 354 of 1985 is also referred to. In the affidavit it is stated



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