24. cr wp 1862-10.doc RMA IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1862 OF 2010 Babadi @ Abdul Karim Mohammad Sayyad .. Petitioner Vs The State of Maharashtra .. Respondent Ms. Rashmi Gagwani i/b Mr. Ganesh Gole for the Petitioners Mr. V.B. Konde-Deshmukh, APP for the State CORAM : SMT. V.K. TAHILRAMANI, J DATE : 27th SEPTEMBER,2010. P.C.: 1. Heard learned advocate for the petitioner and learned APP for the State. 2. The petitioner has challenged the externment order dated 24th December 2009 passed against him by respondent no. 3- Deputy Commissioner of Police, Zone IV, Ulhasnagar, Dist. Thane. Being aggrieved by the said order, the petitioner preferred appeal before Respondent no. 2. By order dated 23rd April 2010, the said appeal came to be dismissed, which order has also been challenged. 3. The learned advocate for the petitioner pointed out that in the show cause notice, there is mention of only one CR and two in camera statements. However, in the order passed by the appellate authority, it is noticed that the 1 24. cr wp 1862-10.doc appellate authority has proceeded on the footing that there was one CR and three in camera statements. In fact, in the order passed by the appellate authority, it is specifically stated that the appellant was given opportunity to show cause as to why the order of externment should not be issued against him in view of his involvement in the said CR and three in camera statements. As in the show cause notice, there is mention of only two in camera statements, the appellate authority has clearly proceeded on a wrong footing. The petitioner was not given any opportunity to reply to this additional ground alleged against him. Either the appellate authority has taken into consideration some extraneous material while considering the appeal or there is non-application of mind. Either which way, the order dated 23rd April 2010 deserves to be set aside and is accordingly set aside. The appeal filed by the petitioner is restored to the file. 4. The appellate authority to decide the appeal afresh in accordance with law. 5. In order to prosecute the appeal, petitioner is granted permission to re-enter into Thane and Mumbai. The petitioner to appear before the appellate authority on any date in the week commencing from 18th October, 2010. If 2 24. cr wp 1862-10.doc the petitioner fails to appear before the appellate authority in that week, it would be open to the appellate authority to proceed in his absence. 6. The petition is disposed of in above terms. [SMT. V.K. TAHILRAMANI, J.] 3