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2013 Supreme(Bom) 646

P.V.HARDAS, A.R.JOSHI
Inammuddin Umrao Khan – Appellant
Versus
Dy. Commissioner of Police, Zone-IV – Respondent


Advocates appeared:
For the Petitioner:Mateen Shaikh, Advocate.
For the Respondents: J.P. Yagnik, APP.

Judgment

A.R. Joshi, J.

1. Heard. Rule. By consent of the parties taken up for final hearing and disposed of at the stage of admission.

2. The order of externment dated 27.2.2012 passed by the competent authority i.e. Deputy Commissioner of Police, Zone-VI, Mumbai is challenged in the present Petition by the petitioner/externee. Said impugned order was passed under Section 56(1)(a)(b) of the Bombay Police Act, 1951. Appeal was preferred against the said order before the Chief Secretary (Special), Home Department. However, the same was dismissed vide order dated 23.4.2012. This order is also challenged in the present Writ Petition.

3. Initially show cause notice under Section 59 of the Bombay Police Act, 1951 was issued against the petitioner. It was issued by the ACP, Deonar Division, Mumbai proposing externment of the petitioner for two years and for showing the cause as to why he shall not be externed. On such show-cause notice, the petitioner was heard. However, not satisfied with the explanation, the impugned externment order dated 27.2.2012 was passed.

4. In the externment order reliance was placed on three criminal cases – two of the year 2009 and one of the year 2010. First o









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