( 1 ) PETITIONER by this petition under Art. 226 of the Constitution of India, has challenged the externment order No. 19/88 dated March 29, 1988, by the Deputy Commissioner of Police, Ahmedabad City, passed under S. 56, Bombay Police Act, 1951, duly confirmed in Appeal by the State Government.

( 2 ) THE Deputy Commissioner of Police, Crime Branch, Ahmedabad City, Mr. V. V. Rabari, under the order of the Commissioner of Police, under Sub-Section (2) of Section 10 of the Bombay Police Act, exercise and performs power and duties conferred on the Commissioner of Police under S. 56. Bombay Police Act, and accordingly exercised the power under S. 56 of the Act. The Superintendent of Police, (GA) Division, Ahmedabad City served the notice dated July 4, 1986. under S. 59 of the Bombay Police Act to the petitioner containing the general nature of the material allegations against the petitioner and affording petitioner opportunity of tendering the explanation regarding the charges against him. The charges against the petitioner as specified in the notice are that the petitioner is a dangerous and violent person and commits the acts of force and violance in the area of New Cotton Char-rasta, Bhilwada char-rasta, near Swastik factory, near Amraiwadi Talawdi near Amraiwadi Azad-chowk Urinal, near Gulabnagar Char-rasta, Opp. Amraiwadi Post Office and on the road from Silver-Mill to New Cotton Mills, which fall under the jurisdiction of Amraiwadi Police Station and Gomtipur police Station, since January 1985. The specific charges in the notice are that the petitioner extorts money from the people residing in the localities specified in the notice and from innocent persons passing through the said areas, by pointing out deadly weapons like knife and razor and putting there to threats of murder and that the petitioner caused physical injury to the residents of the said localities or passes by from the said locality threatening them to kill on the suspicion that they informed the police of the illegal activities about liquor and charas and that the petitioner even though purchases eatables and other articles from the vendors carrying on business of hotelier, Pan-bidi and eatables, but does not pay the prices of such articles and on demand the petitioner threatened them to commit murder. It is further stated in the notice that in spite of the petitioner committing such offences, the witnesses were not willing to come forward to give evidence in public against him as they were afraid of the safety of their person and property. By the Notice it was proposed to extern the petitioner for the period of two years from territory falling within the jurisdiction of Commissioner of Police, Ahmedabad City and its contiguous area of Ahmedabad Rural, Gandhinagar, Kheda and Mehsana districts, and that if the petitioner is not externed from the said area, it was apprehended that he would continue illegal and violent activities through the companions and agents in the above referred areas.

( 3 ) THE petitioner appeared and submitted written statement; tendered the explanation and examined his witnesses. The papers were then submitted to the Deputy Commissioner of Police, who, on considering the charges against the petitioner and the explanation and evidence produced by the petitioner, was subjectively satisfied that the petitioner is a dangerous and violent person and indulges in the commission of the offence involving force and violence since January 1985 in the above referred localities and that the witnesses were not willing to come forward to give evidence in public against the petitioner by reason of the apprehension on their part as regards the safety of their person and property. The Deputy Commissioner of Police accordingly in exercise of the power conferred under S. 56, Bombay Police Act, by order dated March 28, 1988 directed the petitioner to leave within two days the area within the jurisdiction of the Commissioner of Police, Ahmedabad