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2013 Supreme(Bom) 1204

S.C.DHARMADHIKARI, S.B.SHUKRE
Karan Ramesh Ghuge – Appellant
Versus
Dy. Commissioner of Police – Respondent


Advocates Appeared:
For the Appellant:U.N. Tripathi, Advocate.
For the Respondents: K.V. Saste, A.P.P.

JUDGMENT

S.B. Shukre, J.

1. This Writ Petition has been filed against the order dated 24th December, 2012 passed under Section 57(1)(a)(i) of the Bombay Police Act, 1951 by the Deputy Commissioner of Police, Zone-2, Nashik City externing the petitioner from the limits of Nasik City and Nasik Rural for a period of two years, which has been confirmed by the appellate authority on 22nd March, 2013.

2. Heard. Rule, returnable forthwith. The petition is heard finally at the stage of admission with the consent of the parties.

3. Learned counsel for the petitioner has challenged the impugned order on the grounds that it is based upon extraneous material of which no notice was given to the petitioner and that in-camera statements of witnesses were vague, in as much as the dates on which they were recorded were not disclosed, resulting in causing of prejudice to the defence of the petitioner.

4. Learned A.P.P. for the State has submitted that reasonable opportunity has been afforded to the petitioner to meet the case against him and that the show cause notice issued to him disclosed in sufficient details, the allegations against him. It is further submitted on behalf of the prosecution that










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