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1986 Supreme(Guj) 168

G.T.NANAVATI, P.R.GOKULAKRISHNAN
ASHOKBHAI ZINABHAI RANA – Appellant
Versus
STATE – Respondent


Advocates Appeared: GIRISH D.BHATT, MAHENDRA C.KAPADIA

P. R. GOKULAKRISHNAN, J.

( 1 ) ALL these three Special Criminal Applications pose a common question as regards the power of appellate authority under sec. 60 of the Bombay Police Act 1951 (Bombay Act No. XXII of 1951) to remand the matter back to the externing authority for issuing fresh notice incorporating the places or the period during which the activities have taken place.

( 2 ) IN all these cases it was alleged that the area of the acts committed by the externee and/or the period during which such acts were committed were not given in the notice issued under sec. 59 of the Bombay Police Act 1951 In short it was the case of the externee that the notice issued under sec 59 is vague and as such no externment order can be sustained on such type of vague notices. It has been held by our High Court and by the Supreme Court that failure to give the area of the operation or the period of such acts committed by the externee will be fatal to the externment order and on that basis various externment orders have been quashed (vide State of Gujarat v. Mehbubkhan AIR 1968 SC 1468; Kathi Harsur Rukhad v. State of Gujarat 1986 GLH 158 (1986 (1) GLR 682); and Babu Kishan Kahar v. Dy. Commi- ss










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