NOORIA Y HAVELIWALA Vs. GOVERNMENT OF INDIA

JUDGEMENT

(1.) HEARD learned counsel for the parties. Perused the Roznama in NDPS Special Case No.90 of 2010.

(2.) THE petitioner impugns the order of restriction dated 12/4/2010 passed by the Foreigners Regional Registration Officer and Deputy Commissioner of Police, Special Branch-II, CID, Mumbai in exercise of powers under the Foreigners Orders, 1948 (Para 11(2)). By the said order the petitioner has been ordered that she shall not move out of the limits of Mumbai City District till the completion of the trial in NDPS Special Case No.90 of 2010 which arises from C.R.No.22 of 2010 registered with L.T.Marg Police Station. It has been brought to our notice that the petitioner is of Indian origin and her parents are originally from Mumbai though she is born in America and she holds an American passport. She was released on bail by the learned Addl. Chief Metropolitan Magistrate, 47th Court, Esplanade, Mumbai on 31/3/2010. The operative part of the bail order reads as under:

(3.) THE impugned order dated 12/4/2010 does not indicate that she was issued any show cause notice while curtailing her right to move around within India and it was submitted by Ms. Mhatre, learned APP that the Foreigners Orders, 1948 does not contemplate any show cause notice before the restriction order is passed.