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2005 Supreme(Del) 195

P.C.JAIN
SHAMMY – Appellant
Versus
LT. GOVERNOR, DELHI – Respondent


Advocates Appeared:
MIR AKHTAR HUSAIN

R. C. Jain, J.

( 1 ) THROUGH this petition under Article 226 of the Constitution of India read with Section 482, Cr. P. C. the petitioner seeks the quashing of order of his externment dated 29. 12. 2003 passed by the Additional Deputy Commissioner of Police, West District, New Delhi and that of the Lt. Governor of Delhi, dated 3. 3. 2004 thereby dismissing the appeal of the petitioner.

( 2 ) ON receipt of a proposal for externment of the petitioner, a notice was issued to the petitioner under Sections 47/50 of the Delhi Police Act, 1978 (hereinafter referred to as the "act") giving an opportunity to the petitioner as to why an order for his externment be not made on the facts, circumstances and material disclosed in the notice. The petitioner appeared before the Additional Deputy Commission of Police and filed a reply. The competent authority after consideration of the facts, circumstances and the material obtaining on record, made an order dated 29. 12. 2003 thereby directing the petitioner to remove himself beyond the limits NCT of Delhi for a period of two years on the stipulation that he could return to the limits of the NCT of Delhi for the purpose of attending the hearing of













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