1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2155 OF 2009 Mr. Kundan Shyam Mhatre. ... Petitioner. V/s. The Deputy Commissioner of Police, Zone-I, New Bombay & Anr. ... Respondents. Mr. U.N. Tripathi for the Petitioner. Mr. A.S. Shitole, APP for the State. CORAM : S.C. DHARMADHIKARI,J. DATED : 12th JANUARY 2010. P.C. :- By an order dated 13th March 2009 passed under the Bombay Police Act, 1951, the Petitioner has been externed for a period of two years from Thane, Raigad, Mumbai City and Mumbai Suburban limits. He challenged this order by way of an Appeal before the Appellate Authority. 2. It is my repeated experience that even if the Principal Secretary (Appeals) Department of Home, Government of Maharashtra, which is the Appellate Authority under this Act has changed, the wording of the Appellate order is identical. It is a stereotype and virtually printed order. The Appellate Authority by passing such orders has exhibited non- 2 application of mind and a casual approach. The Hon’ble Supreme Court and this Court has expressed the importance of this externment. It has also been held that the appeals have to be decided independently by the Appellate Authority and it is their duty in law to scrutinize the order challenged by referring to the grounds of challenge, the oral arguments and the relevant record. In this case as well, the experience is that one of the grounds urged by the Petitioner is that the order is plainly excessive. The Petitioner resides at house No. 255, in front of Pooja Medical, Belapur, Navi Mumbai. Yet, he has been externed for two years from entire Thane District, Mumbai City, Mumbai Suburban and Raigad District. The nexus between his activities and the offences alleged so also whether there is apprehension that he would indulge in similar activities in other Districts is not spelt out from the order under challenge. 3. Consequently, the Petition succeeds. The order of the Appellate Authority is quashed and set aside. The Appellate Authority to now hear the Appeal afresh and decide it without being influenced by the earlier order. The Appeal must be decided in the light of the above observations. The Petitioner to appear before the Appellate Authority on 20th January 2010 and the Appellate Authority to dispose off the Appeal within a period of 15 days from the date of the appearance of the Petitioner. (S.C. DHARMADHIKARI,J.)