JUDGMENT - R.A. JAHAGIRDAR, J.:---The order of externment dated 29th of October, 1988 passed by the Deputy Commissioner of Police, Thane, and confirmed by the Government of Maharashtra in an appeal preferred by the externee, is challenged in this petition under Article 226 of the Constitution of India. The petitioner is the externee.

2. The order of externment passed under section 56(i)(b) of the Bombay Police Act was naturally preceded by a notice given under section 59 of the said Act. Mr. Chitnis, the learned Advocate appearing in support of the petition, has challenged the order of externment on the ground that the said order has taken into consideration a factor of which the petitioner has not been given notice under section 59 of the Bombay Police Act. The contention is well-founded, as we will show shortly. In order to understand the same, however, it is necessary to first notice the relevant provisions of the Act and thereafter the contents of the notice and the order of externment.

3. Section 56(i) of the Bombay Police Act visualises three situations in which the order of externment could be passed by the designated officer. We will, however, ignore, for the purpose of the d

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