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1987 DIGILAW 335 (BOM)

Isac Santan Fernandes v. K. P. Reghuvanshi, Deputy Commissioner of Police & another

1987-09-25

C.S.DHARMADHIKARI, V.P.TIPNIS

body1987
JUDGMENT - V.P. TIPNIS, J.:---The order dated 31st March, 1987, passed by the Deputy Commissioner of Police, Zone-III, Kalyan, District Thane, externing the petitioner is impugned in the present petition. 2. The notice under section 59 of the Bombay Police Act catalogued tow offences, one of 1986 under section 37 of the Bombay Police Act and the other of 1985 under sections 302, 147, 148, 149 and 324 of the Indian Penal Code both pending in the Court. The notice further mentions that due to the petitioner, an atmosphere of fear has been created against the residents of Chola and Thakurli and nobody dares to openly give evidence against the petitioner. In the final order of externment, it is mentioned that the petitioner is accustomed to the conduct of creating danger to the peace in the locality and, therefore, the residents, traders and professions of the Dombivli city, Thakurli village and in the surrounding area are exposed to danger to their person and property. After cataloging the two offences mentioned in the notice under section 59, the order further specifically mentions under item (I) that the petitioner has assaulted persons suspecting them to be police informants against the illegal activities of the petitioner or those who did not co-operate with him and (II) that he has assaulted residents in the aforesaid locality with bad motive and for his own profit and that he has committed several such offences since 1985 in the aforesaid locality. The notice under section 59 and the order under section 56 clearly show that the Externing Authority has relied upon extraneous and additional material for passing the order of externment which materially even generally was not disclosed to the petitioner in the notice under section 59 of the Bombay Police Act. This has vitiated the final order of externment. Accordingly, the impugned order of externment is quashed and set aside. The rule is made absolute Rule made absolute. -----