GANESH NILKANTH PATIL Vs. DY COMMISSIONER OF POLICE

JUDGEMENT

(1.) Rule. Rule returnable forthwith. Heard finally by consent of the parties. The petitioner is hereby impugning the correctness, legality and propriety of the order of externment passed against him by the Deputy Commissioner of Police by an order dated 10th May, 2012 externing him from Thane, Bombay Mumbra and Raigad Districts for a period of one year which is further confirmed by the Principal Secretary, State of Maharashtra by an order dated 4th August, 2012.

(2.) On 25th February, 2012, a notice was issued to the petitioner under Section 59(1) of the Bombay Police Act calling upon him to show cause as to why he should not be externed from Thane, Mumbra and other surrounding areas as he was indulging in illegal activities. It was mentioned in the notice that there were four offences registered against the petitioner with the Mumbra Police Station during the period 2010 to 2011 and also Chapter Case No. 10 of 2011 under Section 110 of the Code of Criminal Procedure, 1973 wherein he was released on executing a personal bond. The Petitioner appeared before the said Enquiry Officer and submitted his oral and written reply. The Enquiry Officer forwarded the same to the Externing Authority. By an order dated 10th may, 2012, the Deputy Commissioner of Police, Zone-I, Thane, passed an order of externment against the Petitioner directing him to withdraw himself from Thane, Greater Mumbai, Mumbai Suburbs and Raigad Districts for one year. The order was passed under Section 56(1)(a)(b) of the Bombay Police Act, 1951.

(3.) The petitioner had filed an appeal under Section 60 of the Bombay Police Act before the State Government. The Appellate Authority by a judgment and order has upheld the order of externment. However, the period of externment is modified to six months instead of one year. The petitioner has assailed the said order on the following grounds :-