Bombay High Court
Yeshwant Damodhar
Versus
Hemani Karkar, Deputy Commissioner of Police
Decided On:

Headnote:Sections 56 (1) (a), 56 (1), (6), 59 -Externment-Notice to proposed externee-Validity-Held, notice must also indicate that witnesses are unwilling to depose-In absence of this externment order vitiates.

       Court has already, after examining the provisions of Section 56 (i) of the Bombay Police Act, held that in every case of acts involved on the part of the proposed externee. where an order of externment is proposed to be passed. It is necessary that the officer concerned must be satisfied that witnesses are not willing to come forward to give evidence against him. Notice of such satisfaction must also necessarily be given to the proposed externee under Section 59 of the Bombay Police Act. In the present case, though notice of the fact that witnesses are not coming forward to give evidence against the proposed externee has been given in so far as the ground mentioned in the first part of clause (b) of Section 56 (i) is concerned, no such notice has been given is so for as the ground mentioned in the second part of Section 56 (i) (b) in concerned in other words, when the authority proceeded to give notice to the proposed externee on the ground that he is engaged in, the commission of offence punishable under Chapter XVI of the Indian Penal Code, he failed to mention also that the witnesses are not coming forward to give evidence against him.

       There bas been a breach of the rule of natural justice which bas been incorporated in Section 59 of the Bombay Police Act, therefore, the order of externment will have to be set aside.

       For Citation : (1989) 3 Bom CR 240 at p. 243 : 1989 Mob LJ 1111