PRAKASH MOGAL LONDHE Vs. D S SWAMI

JUDGEMENT

(1.) The order dated 9th May 2012 externing the petitioner from the limits of Nashik City and Nashik Rural district passed by the Deputy Commissioner of Police, has been challenged in this petition.

(2.) We have heard learned Counsel for petitioner and learned APP for State.

(3.) The contention of the learned Counsel for the petitioner is that the externment order has been passed by violating the principles of law laid down from time to time by this Court in its various judgements. Placing reliance upon the law laid down by this Court in the case of Yeshwant Damodar Patil v. Hemant Karkar, Deputy Commissioner, 1989 3 BCR 240, the learned Counsel for petitioner has submitted that the show cause notice issued to the petitioner does not satisfy the criteria laid down in this judgement. According to him, the action of externing that was proposed to be taken against the petitioner was under section 56(1)(b) of the Bombay Police Act, 1951 (for short the Act) and requirement of this section is that the show cause notice must contain an averment that the proposed externee is engaged or is about to engage in the commission of offence involving force or violence and that the notice must also inform him that in the opinion of the Officer, witnesses are not willing to come forward to give evidence in public against him.