STATE OF GUJARAT Vs. LUHAR MITHU HARUN ISMAIL

JUDGEMENT

(1.) The above acquittal appeal arises out of the judgment and order dated December, 1980, in Criminal Case No. 407 of 1980, passed by the learned J.M.F.C., Anjar Kachchh, whereby the respondent accused Lohar Mithu Baron Ismail who came to the tried for the offence under Section 142 of Bombay Police Act, 1951 (for short hereafter referred to as Police Act) came to be acquitted.

(2.) The accused was admittedly externed out of the, area of Kachchh district and all adjoining districts by the externment order dated 16th October, 1979, passed under Section 56 of the Police Act by the learned Sub- Divisional Magistrate, Anjar for two years. The accused had also admittedly entered Anjar town without any prior permission and was arrested on 6th August, 1980, by PSI. Mr. V.S. Patel. Thus, for the alleged breach of externment order, a complaint came to be filed for offence under Section 142 of the Police Act against the accused, who was ultimately charge sheeted for the same to stand the trial.

(3.) At the trial, the accused pleaded not guilty, and further submitted that he had come to Anjar town from Palanpur on receiving information that the health of his father was bad.