SURAJ RANSING BIRE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THESE petitions are directed against the orders passed by the Superintendent of Police, Pune Rural and maintained, on appeal, by the Principal Secretary to the Government of Maharashtra, Home Department, Mantralaya, Mumbai, externing the petitioners by exercising powers under Section 55 of the Bombay Police Act. By consent, the petitions were taken up for final hearing at the admission stage.

(2.) THE petitioners are alleged to have been involved mainly in the offences punishable under Section 65 of the Bombay Prohibition Act. The petitioner Suraj Ransing Bire was shown to have been involved in Crime No.127 of 2008 for the offences punishable under Sections 143, 147, 148, 149, 452, 323, 504 and 506 of the IPC. But in that case he is shown to have been acquitted by judgment dated 30-8-2010. The learned counsel for the petitioners submitted that though action is sought to be taken under Section 55 of the Bombay Police Act, in fact, the orders passed would show that the ingredients of provisions of Section 56-(a) and (b) have been invoked justifying the petitioners externment. The learned APP submitted that there is some overlap in the provisions of Sections 55 and 56-(a) since both the provisions relate to activities causing alarm, danger or harm to person or property. But, as rightly pointed out by the learned counsel for the petitioners, for invoking the provisions of Section 55 of the Bombay Police Act, it has to be shown that persons are acting as gangs or body of persons. Merely because the petitioners in the two petitions stay in the same village and are possibly related to each other, and also possibly involved in the same business of illicit distillation, it will be difficult to brand them as members of gang. In any case, the offences in which they are alleged to have been involved are all pertaining to illicit distillation of liquor and it is difficult to conceive as to how these activities could be said to be calculated to cause danger or alarm. Since no offences as body of persons are shown to have been committed by the petitioners in the two petitions justifying the orders of their externment, the petitioners are justified in saying that the externment orders do not comply with the requirements of Section 55 of the Bombay Police Act. The petitions are allowed. The impugned orders are quashed and set aside.