A. D. DESAI, J. B. MEHTA, N. M. MIABHOY, J.

( 1 ) THE following two points have been referred to this Full Bench by a Division Bench consisting of two of us:- (1) What is the correct interpretation of the expression the Sub-Divisional Magistrate specially empowered by the State Government in that behalf as used in sec. 56 of the Bombay Police Act; and (2) is respondent No. 1 specially appointed within the meaning of the above expression by the notification No. 6304/6 Home Department dated 1st August 1961 of the State of Bombay ?

( 2 ) THE main point which arises for determination in this case is a short one. It is what is the correct interpretation of the word specially used in sec. 56 of the Bombay Police Act 1951 (hereafter called the Act ).

( 3 ) IN this case petitioner challenges the externment order Exhibit F dated 21st August 1966 passed by one Shri Thakkar Sub-Divisional Magistrate Baroda. The order was passed under sec. 56 of the Act directing petitioner to remove himself outside from the district of Baroda by a certain route within three days from the date of the receipt of the order and prohibiting him from entering or returning to the said district for a period of two year

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