OM PRAKASH Vs. ADDL DEPUTY COMMISSIONER OF POLICE

JUDGEMENT

(1.) The petitioner is aggrieved by the dismissal of his appeal against the order of externment against him dated 9.2.2001 passed under section 47/50 of the Delhi Police Act (for short the Act).

(2.) The petitioner states that he is running a cable business in Shahdra and that he is being victimised as a result of his refusal to act as a stock witness In criminal cases. A show cause notice dated 11.5.99 was issued by the then Addl. Dy. CP, North East District, Delhi under section 47/50 of the Act where a list of 20 cases against the petitioner was given. It was stated in the notice that petitioner was engaged in the commission of crime involving offences punishable under Indian Penal Code, NDPS & Arms Act. The notice states that the petitioner's being large in Delhi or any part thereof is hazardous to the community and that witnesses are not willing to come forward to give evidence in public against the petitioner by reason of apprehension on their part as regards.the safety of their person and property.

(3.) An order was thereafter passed on 9.2.2001 under section 47/50 of the Act directing the petitioner to remove himself beyond the territorial limits of Government of NCT of Delhi for a period of two years w.e.f 11.2.2001. The order also states that it has been found that movements and acts of the petitioner are causing and calculated to cause alarm, danger and harm to person or property and that he is so dangerous and desperate as to render him at large in Delhi or any part thereof is hazardous to the community. The reply of the petitioner was considered while passing the order. It is further recorded in the externment order that the respondent was found involved/arrested in a case relating to FIR No.136 dated 8.6.2000 under Section 25 of the Arms Act. A supplementary notice was also served on the petitioner asking him to reply to the same but he failed to do so. Independent witnesses are stated to have been examined by the Addl.Dy.CP who also perused the statements recorded by ACP, Seelampur, Delhi "in camera"