UMAR MOHAMMAD MALBARI Vs. K P GAIKWAD

JUDGEMENT

(1.) The order of externment dated the 18th August, 1986 passed by the Deputy Commissioner of Police, Zone-II, Thane is impugned in this petition. By this order which has been passed under section 56(a) and (b) of the Bombay Police Act, the petitioner has been externed out of the limits of Thane Commissionerate, Greater Bombay, Raigad and Nasik Districts. Prior to the passing of the said order of externment a show cause notice under section 59 of that Act was served upon the petitioner. That notice called upon the petitioner to show cause as to why he should not be externed from Greater Bombay, Thane and Nasik Districts for a period of two years. That notice alleged that the petitioner was unemployed, was in the habit of moving about at odd hours in the Company of associates having criminal tendencies. The petitioner by threatening at the point of a pistol was extorting monies from the citizens. On account of the threats yielded by the petitioner, people were afraid to complain against him. There was a reign of terror amongst the citizens of the locality. There was threat to the persons and properties on account of the activities of the petitioner. Criminal prosecutions had been lodged against the petitioner on account of the deadly weapons being carried by him. The petitioner had also been convicted for the offences in respect of which prosecutions had been lodged against him. There was no improvement in the petitioner and there was likelihood of the petitioner again indulging in the said offences. It was, therefore, proposed to extern the petitioner out of the District of Thane and the adjoining Districts. Under the said show cause notice, three offences are mentioned as having been committed by the petitioner, one under section 25(c) of the Indian Arms Act, one under sections 323 and 426 of the Indian Penal Code and the third under section 107 of the Criminal Procedure Code.

(2.) The order of externment recites that since the 20th of August, 1985 in the localities of Nadinaka, Vanjarpati Naka, Bhiwandi his acts and movements are causing and are calculated to cause alarm, harm and danger to the residents and traders of the aforesaid localities and areas, in fact :---

(3.) Shri Mohite, the learned Advocate appearing in support of the petition has submitted that as the show cause notice contains allegations in respect of offences under the Indian Arms Act and of chapter proceedings under the Code of Criminal Procedure, the impugned order of externment would stand vitiated. He submitted that the aforesaid proceedings under the Indian Arms Act and the Chapter proceedings under the Code of Criminal Procedure cannot be the basis of initiating externment proceedings under section 56 of the Bombay Police Act. The entire proceedings suffer from non-application of mind rendering the impugned order of externment bad in law. In our judgment, there is no merit in the aforesaid contention of shri Mohite.