SUDHIR MAKANJI KANAR Vs. DY. COMMISSIONER OF POLICE

JUDGEMENT

(1.) The petitioner has filed the present petition challenging the externment order passed under Section 56(a) and (b) of the Bombay Police Act dated 14-5-90 by the Deputy Commissioner of Police, Surat city. The allegations made in the show cause notice are to the following effect:

(2.) The petitioner was committing offences under Chapters XVI and XVII of Indian Penal Code in which force and violence are involved ; that the witnessess who are the victims of the incidents, due to fear and safety of their lives, were not coming forward to give evidence in public and that the victims stated the facts on condition that their names and addresses would not be disclosed.

(3.) In his statement the witness No. 1 has stated that he recognises the petitioner very well and the petitioner is very uncontrollable and fierce in nature. He further stated that on 30-8-79 at about 7 p. m. in the evening the petitioner had met the witnesses near Rander People Bank and threatened the witness to enter into compromise with certain person in a dispute or he would ruin his family. The petitioner also posed a question to the witness that whether he knew the petitioner; that he is known as Sudhir Machhi and he was not afraid of anybody. He further asked the witness to say yes or no. Ultimately the witness told him that he would enter into a compromise. At that time the petitioner, by pointing a pistol, told that if he had refused to do so, the petitioner would have murdered him. It is further stated in the notice that the petitioner is an uncontrolled and notorious person and because of fear that he may kill the children of the said witness he had not talked or lodged the complaint to anyone.