MILIND HARAMAN MESHRAM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Shri Renu, Advocate, for the petitioner and Shri Fulzele, A.P.P. for respondents.

(2.) In this petition under Section 482 of Cr.P.C., the petitioner is challenging the order of externment passed against him by Deputy Commissioner of Police, Circle 3, Nagpur City, by which he was externed from the area of Nagpur City and Nagpur District for the period of two years. This order was passed on 13.7.2007. The petitioner seeks to challenge that order.

(3.) Adverting to the facts of the petition, it is the case of the petitioner that he is resident of Nagpur City. He is peace loving and law abiding citizen. He has movable & immovable properties in Nagpur. It is his claim that on 23.3.2006 a show cause notice was issued to him under Section 59 of the Bombay Police Act by Assistant Police Commissioner, Kotwali Division, Nagpur. The same was served through Senior P.S.I., Police Station, Lakadganj, Nagpur. This notice was issued under Section 59 of the Bombay Police Act in pursuance to the proposed action under Section 56(1)(bb)(2) of the Bombay Police Act. It was mentioned in the said show cause that he had committed four offences under Section 3 r/w Section 7 of the Essential Commodities Act. The said crime numbers were (1) 3043/01 of Police Station Lakadganj, (2) 3164/03 of Police Station Lakadganj, (3) 3167/05 of Police Station Lakadganj and (4) 3342/05 of Police Station Lakadganj. The latter two offences were allegedly under investigation, whereas in the first two offences, the charge-sheets were submitted. It was also alleged that there were several other offences under Arms Act and the Indian Penal Code, besides Bombay Police Act, registered against him. It was also alleged that preventive actions were taken against him, but there was no improvement. He was not doing any business, but he was indulged in committing offences with the weapons as well as by forming unlawful assemblies. It was also specifically alleged that he was indulged in black-marketing of blue kerosene, which was for the distribution to the ration card holders. Besides this, it was also alleged that because of his terror, nobody was coming forward to lodge any report or for leading evidence in the Courts. This show cause notice under Section 59 of the Bombay Police Act was issued on 23.03.2006 seeking his explanation as to why he should not be externed for two years out of Nagpur District and city.