S.M Daud, j. - (1.)This petition under Article 226 of the Constitution takes exception to an order of extermnent made against the petitioner under section 56 of the Bombay Police Act, 1951.
(2.)Petitioner is a resident of Ulhasnagar in the District of Thane. On 6 November 1985, the Assistant Commissioner of Police, Ulhasnagar Division, issued a notice to the petitioner and the material portion therefrom read thus: Under section 59 of the Bombay Police Act, 1951, you are hereby informed that the following allegations are made against you in proceeding against you under clause (1)(b) of section. 55 of the said Act, and itT is proposed in those proceedings to extern you outside the limits of Gr. Bombay, Thane and Raigad Districts, on the grounds mentioned in these allegations The following cognizable and non-cognizable offences are registered against you at Ulhasnagar Police Station. Petitioner responded to the notice and after enquiry was over, an order came to be passed which is at Exh. B. This order to the extent relevant recited as follows: Whereas Commissioner of Police, Thane under the provisions of sub-section (2) of section 10 of Bombay Police Act, 1951 has been conferred with power to exercise and perform the power functions and duties under section 56(i)(b) of the said Act since the year 1985 the proposed externee named Shera (petitioner) except during the period when he was in Police Sr. No. C.R. No. Section of law Date and time of offence Place of offence Disposal 1. I 233/85. 147, 148, 149 324, 352, 504 I.P.C. 26.9.85 0980 hrs. Zulelala P.T. market Ulhasnagar-1. 2. Public N.C. No. 800/85. 323, 504 I.P.C. 25.9.85. 2000 hrs. Bharat Chowk Ulhasnagar-i.
(3.)Public N.C. No. 897/85. 506 I.P.C. 18.10.85 2245 hrs. Near Tejumal shop, UNagar-i.