VIJAY KAILAS BHOSALE AND OTHERS Vs. STATE OF MAHARASHTRA AND ANOTHER
HIGH COURT OF BOMBAY
Vijay Kailas Bhosale And Others
STATE OF MAHARASHTRA AND ANOTHER
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SANDEEP K.SHINDE,J. -
(1.) The Petitioners in all these three Petitions have challenged the legality of the externment order dated 3.2.2017 passed under Section 55 of the Maharashtra Police Act and the order dated 12.4.2017 passed by the Divisional Commissioner, Pune Division, Pune under Section 60 of the Act inter-alia confirming the externment of the Petitioners and hence, all the Petitions are taken up for final hearing at the admission stage.
(2.) The Deputy Commissioner of Police, Pimpri Division, Pune upon careful scrutiny of the proposal received from PI Wakad, Pune, directed Assistant Commissioner of Police to hold enquiry and issue notice under Section 59 of the Act. Thereupon notices were issued under Section 59 of the Act to a gang leader and the members of his gang as to why they be not externed under Section 55 of the Said Act. It may be stated that notices were issued to Rakesh Popat Bharne gang leader and fourteen gang members in December, 2016 informing them general nature of material allegations against them and affording opportunity of tendering explanation. It appears Ravindra Dhumal, a gang member could not be served despite persistent efforts. It appears after affording sufficient opportunity to Petitioners herein and other members of gang, the Assistant Commissioner submitted his report dated 9.1.2017 to the Deputy Commissioner of Police along with replies filed by the Petitioners and other members of gang. It further appears the Deputy Commissioner of Police again issued notice dated 12.1.2017 whereby he called upon Petitioners to remain present before him for hearing. In response thereto, the Petitioners herein filed their counter. The Competent Authority after perusing the preliminary report submitted by the Assistant Commissioner of Police and after taking into consideration submissions of the externees vide order dated 3.2.2017 externed the gang leader and 13 members of his gang from the District: Pune for a period of year and half. It may be stated that two members who were the proposed externees namely, Jaydeep Sampat Mane, Vinayak Ramesh Gaikwad were dropped and excluded from the externment proceedings on the ground that they were to contest elections of the Pune Municipal Corporation. The said exclusion was conditional.
(3.) It may be stated that the Externing Authority after adverting to material, i.e. offences registered against the leader of a gang and his members and also the individual offences registered against each of the members of the gang which were in the nature of offences punishable under Chapter XII, XVI of the Indian Penal Code, 1860 and after considering the in-camera statements of four witnesses externed the Petitioners from the limits of Pune District for a period of one and a half year.;
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