SWAM LAL Vs. STATE

JUDGEMENT

(1.) On 3rd Feb. 1981, the Additional Deputy Commisioner of Police, Central District, Delhi, served the petitioner with a notice under Section 50 of the Delhi Police Act, 1978 (hereinafter called the Act) calling upon him to show cause why he should not be externed from the Union Territory of Delhi for a period of two years under Section 47 of the Delhi Police Act. The relvant part of the notice is as follows : Allegations That since 15.7.67 you are engaged in the Commission of illegal act and offences against body or property involving force or violence and that your activities or movements in the limits of the Union Territory of Delhi are causing alarm) danger or harm to the person or property.

(2.) That it has been made to appear to me that you have been continuing your criminal activities and have engaged yourself in the commission of offences against body or property involving force or violence/ falling under Arms Act, and the following cases were registered against you:-

(3.) The petitioner has filed on record the earlier notices that were issued by the Deputy Commissioner of Police to the petitioner for externment. The said notices show that the material on the basis of which the impugned notice has been issued also formed the grounds for issuing the earlier notices. Besides that the cases mentioned at serial No. 1 to 12 are too remote in time. It is significant that in all the said cases the petitioner was acquitted. In the cases mentioned at serial No. 15 the petitioner was acquitted on 15th April 1980 and still it forms a ground of issuing the notice under section 50 of the Act in February 1981. I am clearly of the view that the cases in which the petitioner was tried and acquitted cannot form the basis for an action for externment under section 47.