IN THE HIGH COURT OF DELHI AT NEW DELHI
VIPIN SANGHI, J.
MANOJ KUMAR @ MONU – Petitioner
Versus
STATE – Respondent
W.P.(CRL) 2714 of 2016 and Crl.M.A. No. 14427 of 2016
Decided On : 20-03-2017
Delhi Police Act - Externment - 50, 51 - The judgment discusses the application of Section 47 of the Delhi Police Act, 1978, and the grounds for externment based on the petitioner's criminal history involving illicit liquor trade. The court emphasizes the purpose of the provisions in dislocating entrenched offenders and the potential harm caused by the petitioner's activities. The judgment also highlights the interpretation of 'person or property' under Section 47(a) and the sufficiency of material required for externment orders.
Fact of the Case:
The petitioner challenged orders passed under Section 50 and 51 of the Delhi Police Act, 1978, externing him from NCT of Delhi for one year based on his involvement in illicit liquor trade and criminal history.
Finding of the Court:
The court found that the petitioner's criminal history and continuous involvement in illicit liquor trade justified the externment orders under Section 47 of the Act. The court emphasized the potential harm caused by the petitioner's activities and the purpose of dislocating entrenched offenders.
Issues: The issues involved the validity of externment orders based on the petitioner's criminal history, the interpretation of 'person or property' under Section 47(a), and the sufficiency of material for externment orders.
Ratio Decidendi: The court held that the petitioner's criminal history and continuous involvement in illicit liquor trade justified the externment orders under Section 47 of the Act. The court also interpreted 'person or property' under Section 47(a) and emphasized the sufficiency of material required for externment orders.
Final Decision: The petition was dismissed, affirming the validity of the externment orders based on the petitioner's criminal history and involvement in illicit liquor trade.
VIPIN SANGHI, J.
1. The petitioner has preferred the present writ petition to assail the order dated 02.06.2016 passed under Section 50 of Delhi Police Act, 1978, by the Additional Deputy Commissioner of Police, North East District, Delhi, as also the order dated 24.08.2016 under Section 51 of the Delhi Police Act, 1978, passed by Hon’ble Lieutenant Government, Delhi. By the first order, the petitioner was externed from NCT of Delhi for a period of one year with effect from 09.06.2016. By the second order, his statutory appeal has been dismissed by the Hon’ble Lieutenant Governor.
2. The impugned order dated 02.06.2016 itself narrates the circumstances and background in which the petitioner was noticed under Section 47 of the Delhi Police Act. The relevant extract from the impugned order dated 02.06.2016 is reproduced as under:
“The proposal for the externment of Manoj Kumar @ Monu S/o. Kukku R/o. 11. No. C-11/11, Gali No. 08, Kabir Nagar, Delhi was received form the then SHO/Welcome, through the then ACP/Shahdara, Delhi. After going through the proposal and satisfying on the basis of material received from the then SHO/Welcome, Delhi necessary proceedings for externment were initiated against the respondent on 30.07.2015. The independent witnesses of the area were also examined in camera since they were not willing to come forward to make a statement against him in public due to apprehension with regard to their safety and personal property but they have deposed so in the camera statement. Accordingly, a notice under section 50 of Delhi Police Act, 1978 containing following summary of allegations was issued to the respondent.
“That you are engaged in the commission of crime involving force of offence punishable under IPC and Excise Act cases as is apparent from the following cases in which you were involved :
| Sl. No. | FIR No. | Dated | Section of Law | Police Station |
| 1. | 513 | 11.11.2001 | 61/1/14 Excise Act | Nand Nagri |
| 2. | 375 | 07.07.2003 | 61/1/14 Excise Act | Nand Nagri |
| 3. | 362 | 14.11.2003 | 61/1/14 Excise Act | M.S.Park |
| 4. | 656 | 13.10.2004 | 61/1/14 Excise Act | Nand Nagri |
| 5. | 38 | 17.01.2005 | 61/1/14 Excise Act | Nand Nagri |
| 6. | 671 | 14.09.2005 | 61/1/14 Excise Act | Nand Nagri |
| 7. | 812 | 02.11.2005 | 354/506/34 IPC | Nand Nagri |
| 8. | 260 | 08.07.2008 | 61/1/14 Excise Act | Welcome |
| 9. | 43 | 02.11.2009 | 61/1/14 Excise Act | Jyoti Nagar |
| 10. | 360 | 03.11.2012 | 33 Delhi Excise Act | Welcome |
| 11. | 335 | 13.06.2014 | 33 Delhi Excise Act | Welcome |
| 12. | 02 | 01.01.2015 | 33 Delhi Excise Act | Welcome |
| 13. | 107 | 26.02.2015 | 33 Delhi Excise Act | Welcome |
That your activities and acts are causing and calculated to cause alarm and danger to persons or property. You are so desperate and dangerous as to render your being at large in Delhi or in any part thereof hazardous to the community as you are directly indulging in sale of illicit liquor in the area. Selling of illicit liquor to the members of the public is detrimental to their health and safety. Number of persons dies every year after consuming illicit liquor.
The witnesses are not willing to come forward to give evidence in public against you by reason of apprehension on their part as regards the safety of their person and property. These are reasonable grounds that you are likely to engage yourself in commission of offence like these mentioned in Para above.”
3. The petitioner filed his reply to the said show cause notice under Section 47 of the Delhi Police Act, on his own. The same is available on the record produced by the respondent/State. In this reply, in relation to the first nine cases tabulated hereinabove, the petitioner stated, to the effect, that he had been acquitted/ discharged therein. Here itself, I may observe that the petitioner’s claim of acquittal/discharge-at least in respect of thr
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.