1988 Supreme(Bom) 72
D.N.MEHTA, A.C.AGARWAL
Umar Mohammed Malbari – Appellant
Versus
K. P. Gaikwad & another – Respondent
JUDGMENT - A. AGARWAL, J.:---The order of externment dated the 18th August, 1986 passed by the Deputy Commissioner of Police, Zone-II, Thane is impugned in this petition. By this order which has been passed under section 56(a) and (b) of the Bombay Police Act, the petitioner has been externed out of the limits of Thane Commissionerate, Greater Bombay, Raigad and Nasik Districts. Prior to the passing of the said order of externment a show cause notice under section 59 of that Act was served upon the petitioner. That notice called upon the petitioner to show cause as to why he should not be externed from Greater Bombay, Thane and Nasik Districts for a period of two years. That notice alleged that the petitioner was unemployed, was in the habit of moving about at odd hours in the Company of associates having criminal tendencies. The petitioner by threatening at the point of a pistol was extorting monies from the citizens. On account of the threats yielded by the petitioner, people were afraid to complain against him. There was a reign of terror amongst the citizens of the locality. There was threat to the persons and properties on account of the activities of the petitioner. Criminal
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