STATE OF GUJARAT Vs. MEHBUBKHAN USMANKHAN AHMED NOORMOHAMAD

JUDGEMENT

(1.) In these criminal appeals, by special leave, the State of Gujarat and its officer, the Deputy Commissioner of Police, Traffic Branch Ahmedabad City, challenge the orders dated April, 8. 1965, passed by the Gujarat High Court, in Special Criminal Applications Nos. 3 and 8 of 1965 quashing the orders of externment passed against the respective respondents under S. 56 of the Bombay Police Act, 1951 (Bom. Act XXII of 1951) , (hereinafter referred to as the Act) . Criminal Appeal No. 167 of 1965 is directed against the order in Special Criminal Application No 3 of 1965, and Criminal Appeal No. 168 of 1965, is directed against the order in Special Criminal Application No. 8 of 1965.

(2.) The Deputy Commissioner of Police, Traffic Branch, Ahmedabad City, served a notice, dated August 13, 1964, on the respondent in Criminal Appeal No. 167 of 1985, under S. 59 read with S. 56 of the Act, in the following terms:

(3.) The respondent in Cr. A. 167/65 flied Special Criminal Application No. 3 of 1965, in the Gujarat High Court, under Arts. 226 and 227, of the Constitution, for quashing this order of externment, passed against him. The main ground, on which the order was challenged, appears to be that the notice, dated August 18, 1964, on which the subsequent order of externment is based, was too vague and general, both with regard to the time and places of his alleged activities, and that the allegations made, therein, were so general that he could not offer, effectively, any explanation, or substantiate his defence. In short, it was the grievance of the respondent that, in the notice, issued under S. 59, the material allegations, had not been set out, and therefore, there had been no proper compliance with the provisions of that section, so as to enable the Deputy Commissioner, to take action, under S. 56 of the Act. The respondent raised certain other objections, to the validity and legality of the order, one of which was that the order of externment, had not been passed, by the competent officer.