RAJU KRISHNASINGH THAKUR Vs. STATE OF MAHARASHTRA THROUGH

JUDGEMENT

(1.) THE Deputy Commissioner of Police, Nagpur, taking resort to section 56 of the Bombay Police Act (the Act), by an order dated 18 -1 -1993 directed externment of the petitioner. It is impugned on the ground that the externment is without any authority.

(2.) THE impugned order mentions that the Commissioner of Police has in exercise of power under sub -section (2) of section 10 of the Act, by order dated 3 -2 -1988 directed that his power under section 56 of the Act be exercised by the Deputy Commissioner of Police. Section 56 has authorised the Commissioner of Police appointed under section 7 of the Act to exercise the powers enumerated therein. Section 10 authorises the State Government to appoint one or more Deputy Commissioner of Police. Sub -section (2) of section 10 reads as thus:

(3.) I have heard Smt. Khade, A.P.P. for the State on 7 -12 -1993. The case was adjourned to point out any of the orders issued by the State Government as envisaged by sub -section (2) of section 10, so as to enable the Commissioner of Police to delegate his powers or authority to the Deputy Commissioner of Police.