P. R. GOKULAKRISHNAN, J.

( 1 ) THIS Special Criminal Application is to quash the show cause notice dated 16-12-1986 the Order of the first respondent dated 18-4-1987 and the Order of the second respondent dated 11-6-1987 which are Annexures A `b and E respectively The short facts of this case are that the petitioner herein was externed from the City of Surat and Surat Rural and from the Districts of Bharuch and Bulsar for engaging in the commission of offence involving force and violence punishable under Chapter XII XVI and XVII of the Indian Penal Code. A show cause notice dated 16-12-1986 was issued alleging:1. THAT he is involved in 9 cases under the Bombay Prohibition Act which are pending trial in the Court. 2. that he possess deadly weapons like knife and with the same be play mischief with girls beat for looting things and money and committed offence under Chapter XVI and XVII of the Indian Penal Code and the details of which are as under; (1)HE looted Rs. 400. 00 Rs. 500. 00 from the cash box by placing a knife on the abdomen of the witness on the cold drink shop in Randher Soni Faliya on 6-3-1986 at 6-00 Oclock in the evening. (2) On 30-3-1986 at 6-00 Oclock in the evening Palanpur Road Near Canal while he was dragging girl to the field with a view to rape her by catching her hand he gave threat to a washerman to murder him who intervened to save her. (3) On 14-4-1986 at 11-00 hours in the afternoon near Ramnagar bus-stand he stopped one bicycle rider who was carrying bidi-cigarettes at the point of knife he had taken away his wrist watch and a golden ring of half tola. (4) On 20-4-1986 at 6-00 Oclock in the morning his persons were passing near Hanuman Tekra taking bundles of illicit liquor which was seen by the lorrywala of eatables he gave threat to him by showing knife that if he gives information then he will be done to death and his roof will be burnt. (5) On 4-5-1986 at 5-00 Oclock in the evening at the corner of Palanpur village he stopped one electrical work mazdoor and he took away Rs. 200. 00 by showing a knife to him. (6) On 30-5-1986 at 7-00 Oclock in the evening Near Bapunagar Four Roads while he was trying to drag a girl into the Rickshaw by catching her hand he gave threat to murder a person passing through the said place who tried to save the girl by showing knife to him.

( 2 ) IT is alleged in the notice that the Petitioner was involved in Anti-Social Activities and no witnesses are forthcoming to depose against the Petitioner out of fear for the life and property. The Externing Authority after considering the explanation given by the petitioner and also the oral and documentary evidence produced before him came to the conclusion that the petitioner has committed the offences mentioned in the show cause notice. After satisfying himself that the petitioner is a dangerous and head strong person the externing authority externed the petitioner from the area falling under the jurisdiction of the Surat City Police Commissioner Surat Rural Bharuch and Bulsar districts. The Externing Authority has also observed that if the petitioner is not externed from the nearby districts there in a reasonable apprehension of the petitioner doing the aforesaid acts by continuing his activities from the aforesaid nearby district through his associates and agents by taking advantage of the present instruments of speedy transportations. Aggrieved by the said order of the Externing Authority the petitioner herein preferred an appeal to the Government under Sec. 60 of the Bombay Police Act. The Appellate Authority came to the conclusion that the ground No. 1 of the show cause notice is irrelevant and focussed its attention only on the ground No. 2 of the show cause notice and the 6 incidents mentioned in the ground No. 2. The Appellate Authority after satisfying itself from the record observed that except for the first all other 5 incidents are essentially worthy of belief on the basis of the materials. With his finding the App

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