AJAY MANBODHPRASAD GUPTA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this writ petition, a challenge has been made to the order of externment dated 20th February, 2012 passed by the Dy. Commissioner of Police, Vashi and the order of the appellate authority passed on 31st August, 2012 confirming the same.

(2.) It is submitted by the learned counsel for the petitioner that the impugned orders are based upon some old material having no nexus with the condition and behaviour of the petitioner at the time when the impugned orders were passed and, therefore, the impugned orders suffer from complete nonapplication of mind and insufficiency of material. He has further submitted that the impugned order also refers to some other material on which no notice was given to the petitioner so as to enable him to properly defend himself. He has further submitted that, in any case, there was absolutely no evidence to show that the activities of the petitioner were so prejudicial and so dangerous as to warrant his externment from as large an area as covered in three districts of Thane, Raigad and Mumbai suburban.

(3.) Learned A.P.P. for the State has submitted that there was sufficient material brought on record during the course of inquiry before the externing authority and, therefore, the impugned orders passed in this case are justified in law. He has further submitted that sufficient opportunity of hearing has been granted to the petitioner and on this count also the impugned orders need to be upheld. He has submitted that the petition is without any merit.