IMRAN SULEMAN SHAIKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Counsel for the petitioner and APP for the State.

(2.) The petitioner is challenging an order of externment dated 15th March, 2010. It is submitted that the show cause notice which was issued by the respondent mentions the criminal case which was filed against the petitioner in the year 2004 and in which, he was convicted in the year 2006. Secondly, he refers to chapter case which was initiated against the petitioner in the year 2004. It is submitted that the said cases which are mentioned are not proximate in point of the time to the show cause notice and thereafter, order of externment which has been passed. It is submitted that one of the requirement which has to be established by the Externing Authority is that the Externing Authority is to be satisfied that the petitioner is likely to commit the said offence. It is submitted that the Externing Authority could not have arrived at such a conclusion particularly, when the said case which was filed against the petitioner was not proximate on that point of time. On this ground alone, order of externment is liable to set aside. The learned Counsel relied on the judgment in the case of reported in Dhondiram Appa Hatkar vs. The State of Maharashtra & Others, 1987 3 BCR 656 .

(3.) The learned APP, on instructions from Mr.S.B. Bandgar, API of Ambarnath Police Station, was not in a position to point out any other material from the show cause notice on the basis of which it could be inferred that the petitioner was likely to commit any such activity in future.