MS. MONIKA Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) Writ Petition under Article 226 of the Constitution of India read with Sec. 482 of the Code of Criminal Procedure, 1973 ('Cr.P.C.') has been preferred on behalf of petitioner for quashing of impugned order dtd. 27/2/2024 passed by respondent No.2-Additional Deputy Commissioner of Police-I, South West District whereby externment order was passed against the petitioner for a period of two years, and order dtd. 10/4/2024 passed by learned Appellate Authority, i.e. Hon'ble Lieutenant Governor, NCT of Delhi, whereby externment period was reduced from two years to one year.

(2.) In brief, externment proceedings against the petitioner were initiated by respondent No.2 by issuing of show-cause notice under Sec. 47 read with Sec. 50 of the Delhi Police Act, 1978 (hereinafter, referred to as the 'D.P. Act') on 20/10/2020, on the basis of her involvement in three FIRs under Delhi Excise Act as under: <IMG>JUDGEMENT_2_LAWS(DLH)10_2024_1.jpg</IMG> The activities of the petitioner were further stated to be menace and hazardous to the community.

(3.) In reply to the show-cause notice, petitioner submitted that all the three cases under the Delhi Excise Act had been falsely planted upon her and do not warrant the initiation of externment proceedings. It was further stated that in terms of Sec. 47 of the D.P. Act, at least three cases should be registered against the petitioner in a preceding year, and the said condition does not stand fulfilled in the case of petitioner, since all the three FIRs were registered in the consecutive years 2018, 2019 and 2020 respectively. She pointed out that the petitioner is not involved in any offence involving physical harm or injury to any person or offence involving moral turpitude.