ABASAHEB BALASAHEB Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule made returnable forthwith. Heard finally with the consent of the learned advocates for the parties.

(2.) This petition, filed under Articles 226 and 227 of the Constitution of India, takes exception to order of externment dtd. 16/2/2021 passed by the Superintendent of Police, Ahmednagar - respondent No. 2, externing the petitioner from Ahmednagar district for a period of eighteen months under sec. 55 of the Maharashtra Police Act, 1951 (hereafter "the said Act" for short) which is confirmed by the Divisional Commissioner, Nashik Division, Nashik - respondent No. 3 in Externment Appeal No. 22 of 2021 vide order dtd. 26/7/2021.

(3.) Learned advocate for the petitioner assailed the impugned order on various grounds. He submits that there is no material on record to show that the five crimes registered against the petitioner are committed by the petitioner as a member of a gang or body of persons and those offences are committed by the gang members in concert. He submits that though nine offences are registered against four gang members, the petitioner is shown to be involved in five offences. All the gang members are not accused in all the offences. Stale offences of the year 2015, 2016, 2018 and 2019 are taken into consideration while passing the impugned externment order. The petitioner is already acquitted in two crimes and this fact is ignored by respondent No.2 while passing the impugned order. The petitioner is on bail in all the other offences registered against him and conviction is not recorded in any of the offence. The in camera statements relied on by the authority against the petitioner are vague. There is nothing on record to show that the petitioner is a member of the gang and the activities of the gang were dangerous to the health and texture of the society.