JUBER ABDUL VAHID KURESHI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS petition filed under Article 227 of the Constitution impugns the order of externment dated 17/2/2006 passed by the Deputy Commissioner of Police, Special Branch, Panvel, New Mumbai under Section 56 of the Bombay Police Act, 1951 and duly confirmed by the lower Appellate Authority i.e. the Principal Secretary (Appeals), Government of Maharashtra. The petitioner has been externed for a period of two years from the date of the impugned order and he has thus already suffered the externment period of one year and six months.

(2.) THE learned counsel for the petitioner has referred to the show cause notice dated 23/11/2005 issued by the Asst. Commissioner of Police, Panvel Division, Panvel and addressed to the petitioner and the said show cause notice was based on the following CRs:

(3.) HENCE the petition is allowed and the externment order dated 17/2/2006 passed by the Deputy Commissioner of Police, Panvel Division, Navi Mumbai as well as the order dated 13/6/2006 passed by the lower Appellate Authority are hereby quashed and set aside. Rule is made absolute accordingly.