AYUB YUSUF MANSURI Vs. SUB DIVISIONAL MAGISTRATE NANDURBAR

JUDGEMENT

(1.) This writ petition is directed against the externment order passed by the Sub-Divisional Magistrate, Nandurbar, Division Nandurbar, District Dhule, on 21st May, 1984 externing the petitioner from the limits of Dhule District.

(2.) Before passing the order externing the petitioner, he was served with a notice under section 59 read with section 56(1)(a) & (b) of the Bombay Police Act, 1951, and in that notice the allegations made against the petitioner were that the criminal cases as per the schedule attached to the notice were pending against him and that he was again likely to commit such offences. After the notice was served, the petitioner filed his reply and after considering the reply, the learned Sub-Divisional Magistrate passed the impugned order.

(3.) The learned Counsel for the petitioner contends that the notice dated 28th April, 1984 under section 59 of the Bombay Police Act served on the petitioner, which was issued by the Sub-Divisional Police Officer, Nandurbar, is not in accordance with the requirements of section 56(1) of the Bombay Police Act. He submits that though it is mentioned therein that in the opinion of the Sub-Divisional Police-Officer who issued the notice the witnesses were not willing to come forward to give evidence in public against the petitioner by reason of apprehension on their part as regards the safety of their person or property. According to the learned Counsel, in the absence of such averments the notice does not satisfy the requirements of section 56(1)(b) of the Bombay Police Act and as such the order passed pursuant to the said notice is bad.