VILAS VASUDEO PARAB Vs. DEPUTY COMMISSIONER OF POLICE

JUDGEMENT

(1.) RULE has been issued in this petition which challenges the order of externment passed by Deputy Commissioner of Police, Crime Branch, CID Bombay as confirmed by the Government of Maharashtra, Home Department in Appeal No. EXT 0195/26/SPL-5 dated 27th April 1995. By this order, the petitioner has been directed to remove himself within two days outside the limits of Greater Bombay and Thane District by bus route as indicated and that he shll not enter the said limits for period of two years from the date of the order.

(2.) IN the petition, a case is made out that before passing the impugned order no notice of whatsoever nature was served upon the petitioner nor any opportunity to show cause was given. As such, the order of externment is bad in law and liable to be quashed and set aside. An affidavit in reply has been filed on behalf of the respondents by Sambhaji Vishwas Jagtap, Assistant Police Inspector of Chembur Police Station wherein he has asserted that the order of externment is legal and valid. It is also stated that the petitioner came to be arrested for four times in the past for the offence of theft and on 2nd January 1995 he was arrested at 7 PM when his movements were found suspicious in the premises of Chandroday Society, Swastik Park, Chembur. Then antecedents were checked, two convictions were found at his credit. It is then stated that on 5th January 1995 a notice to show cause was served upon the petitioner personally and he appeared before the Deputy commissioner of Police on 9-1-1995 when hearing was given to him. Respondent No. 1 was not satisfied with the explanation given by the petitioner and, therefore, passed the impugned order on 9th January 1995.

(3.) ON the basis of the record as is now available, it is clear that no opportunity of the sense is given to the petitioner to show cause against the order of externment. I, therefore, find that the impugned order is liable to be quashed and set aside and cannot be sustained for a moment. Accordingly, the petition will have to be allowed and the rule will have to be made absolute. It is accordingly ordered that the order of externment passed against the petitioner is set aside and quashed. Rule made absolute accordingly.