[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 7.2.2012 passed by the competent authority i.e. Deputy Commissioner of Police, Zone-II, Nashik City 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 17.8.2012. 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, Division-II, Nashik Town proposing externment of the petitioner for two years from Nashik city, Nashik rural and Nashik District 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 7.2.2012 was passed.

4. In the externment order reliance was placed on one old and stale c