BHAGUBHAI DULLABHBHAI BHANDARI RAMESHWAR SINGH Vs. DISTRICT MAGISTRATE THANA:DEPUTY COMMISSIONER OF POLICE GREATER BOMBAY

JUDGEMENT

(1.) These petitions under Article 32 of the Constitution challenge the constitutionality of some of the provisions of the Bombay Police Act. 22 of 1951 (which hereinafter will be referred to as "The Act"), with special reference to S. 56, as also of the orders passed against them externing them under that section of the Act.

(2.) In Petition No. 439 of 1955 Babubhai Dullabhbhai Bhandari is the petitioner and the District Magistrate of Thana, the Deputy Superintendent of Police and Sub-Divisional Police Officer, Bhivandi Division, Bhiwandi, District Thana, and the State of Bombay are respondents 1, 2 and 3. The petitioner is a citizen of India and carries on trade in grass in Bhilad, a railway station on the Western Railway. On 21st January 1955 the Deputy Superintendent of Police and Sub-Divisional Police Officer, Bhiwandi Division, served a notice under S. 56 of the Act in the following terms :-

(3.) The District Magistrate of Thana, the 1st respondent has sworn to the affidavit filed in this Court in answer to the petition. He swears that he had passed the Externment order complained against after perusing the police reports and going through the explanation offered by the petitioner and the statements of the witnesses produced by him and on hearing his advocate. He further states in the affidavit that the general nature of the material allegations against the petitioner was given to him, that the material given to him was clear and by no means vague.