SANTOSH RAMPRASAD SHARMA Vs. DEPUTY COMMISSIONER OF POLICE

JUDGEMENT

(1.) The petitioner who is the externee has challenged the order dated 21-8-1991 passed by respondent No. 1 herein under Section 56 (b) of the Bombay Police Act and confirmed by respondent No.

(2.) in appeal under Section 60 of the Bombay Police Act. 2 The Police Superintendent Crime Branch Ahmedabad City issued a notice dated 17-5-1980 under Section 59 of the Bombay Police Act to the petitioner-detenu inter alia alleging in the notice that the petitioner is a dangerous and fanatic person and doing his activities by using force or violence. There is a specified mention in the notice that the petitioner was doing all these activities with the help of his associates in the vicinity of Manchha-ni Masjid Potaliya Char Rasta Bombay Housing and Everest Chinema falling within the jurisdiction of Shaher Kotda Police Station. The show-cause notice also mentioned specifically that all these activities in the above said locality are being done by the petitioner since December 1988.

(3.) On these allegations the petitioner submitted his explanation. The petitioner also examined 13 witnesses before the Superintendent of Police who made inquiry in the matter. After examining the witnesses the petitioner submitted written arguments on 4-4-1991. The Deputy Commissioner of Police who is the Externing Authority has passed the order of externment only on 21-8-1991 externing the petitioner for a period of two 5 ears from the area falling in the City of Ahmedabad Ahmedabad Rural the districts of Gandhinagar Kheda and Mehsana.