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2013 Supreme(Bom) 2137

S.C.DHARMADHIKARI, G.S.PATEL
Ganesh Balasaheb Changle – Appellant
Versus
Dy. Commissioner of Police, Zone – Respondent


Advocates Appeared:
For the Petitioner:U.N. Tripathi, Advocate.
For the Respondents: Mrs. M.H. Mhatre, APP.

JUDGMENT

G.S. Patel, J.

1. Rule. Mrs. Mhatre, learned APP, waives service on behalf of the Respondents. By consent, Rule made returnable forthwith. Petition called out for hearing and final disposal.

2. On 29th March 2013, the Petitioner was served with a show-cause notice issued under Section 56(1)(b) of the Bombay Police Act, 1951 asking him to show cause why he should not be externed from the limits of Nashik City, Nashik Commissioner ate and Nashik Rural Districts for a period of two years. The Externing Authority passed an Externment Order in terms of that show-cause notice. The Externment Order is dated 21st May 2013. The Petitioner filed an Appeal. That Appeal was dismissed on 28th August 2013. Hence this Petition under Article 226 of the Constitution of India.

3. We have heard Mr. Tripathi, learned Advocate for the Petitioner, and Mrs. Mhatre, learned APP. We have also perused the petition and carefully considered the two orders under challenge. In our view, Mr. Tripathi is entirely justified in saying that although the Externment Order purports to be under Section 56(1)(b) of the Bombay Police Act, 1951, all the material in the Externment Order is under, and only under, Sec






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