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2012 Supreme(Bom) 2166

A.S.OKA, S.S.SHINDE
Nisar Alias Nigro Bashir Ahmed Khan – Appellant
Versus
Dy. Commissioner of Police, Zone-VI, Mumbai – Respondent


JUDGMENT:

1. Heard the learned Counsel for the Petitioner/Externee and the learned A.P.P. appearing on behalf of the Respondent State. Forthwith taken up for final disposal.

2. This Writ Petition takes an exception to the order of externment bearing No.145/C/43 dated 25th May, 2012, under Section 56(1)(a)(b) of the Bombay Police Act, 1951, passed by the Respondent No.1 and which is confirmed by the Appellate Authority on 17th August, 2012.

3. The Petitioner is normally residing at the address given in the cause tile. It is the case of the Petitioner that on or about 23rd February, 2012, a show cause notice came to be issued under Section 59 of the Bombay Police Act, 1951 by the Assistant Commissioner of Police, Deonar Division, Mumbai proposing the externment of the Petitioner for two years from Bombay City, Suburban, New Bombay, Thane and Raigad Districts for the offences mentioned in the said show cause notice.

4. The Petitioner appeared before the Enquiry Officer and submitted his oral and written reply. The Enquiry Officer closed the case and forwarded the same to the Externing Authority. On or about 25th May, 2012, an order of externment came to be issued by the Respondent No.








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