STATE OF MAHARASHTRA Vs. SALEM HASAN KHAN

JUDGEMENT

(1.) JUDGMENT: - Special leave granted.

(2.) The respondent was served with an externment order passed under S. 56 of the Bombay Police Act (hereinafter referred to as the Act) directing him to leave the districts of Aurangabad and Jalna for a period of two Years. The order stated that from 11-5-1980 the respondent was found to be frequently engaged in illegal business of narcotics and since he was involved in several cases of riot and criminal intimidation causing physical hurts to the residents of the locality on account of his suspicion that they were supplying information to the police about his illegal activities, witnesses were not willing to come forward and depose against him. He filed an appeal under S. 60 of the Act and while the appeal was pending he moved the Bombay High Court with a writ application under Art. 226 of the Constitution. During the pendency of the writ application the State Government dismissed, the respondent's appeal by a short order. The writ petitioner thereafter challenged the appellate order also in the pending writ case.

(3.) At the time of the final hearing of the writ case before the High Court, four points were raised on behalf of the petitioner. As the first point, it was urged that since the State Government omitted to give reasons in support of the order of dismissal of the appeal, the same was vitiated in law. The High Court agreed with the petitioner and allowed the writ application quashing the appellate order as well as the initial externment order on this ground alone without going to the other questions. The State Government has challenged the High Court judgment in the present appeal.