BANAS DOMNIC MIRANDA Vs. A K ANKOLA

JUDGEMENT

(1.) In this writ petition the petitioner has challenged the order of externment dated 27the April, 1981 passed by the Deputy Commissioner of Police, Zone III Greater Bombay externing him outside limits of Greater Bombay and Thane district for a period of 18 months from the date on which he removes himself or is removed outside the limits of Greater Bombay and Thane district.

(2.) It appears from the record that a usual show cause notice under section 59 of the Bombay Police Act was issued on 18th March, 1980 giving the petitioner an opportunity of tendering his explanation regarding the allegations made in the notice. The allegations made in the notice read as under :

(3.) In reply to this show cause notice the petitioner submitted his reply on 14th July, 1980 and also filed copies of various documents in support of his case. Thereafter Shri Bapat Assistant Commissioner of Police gave an opportunity to the petitioner to addue evidence in his defence. After considering all the material placed before him and giving an opportunity of being heard to the petitioner, the Assistant Commissioner of Police Crime Branch (Preventive), Zone III Bombay forwarded all the material to the Commissioner of Police together with his report. Thereafter on 27th November, 1980 the Deputy Commissioner of Police heard the petitioner through his Advocate and ultimately passed the impugned order of externment.