1 mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1470 OF 2009 Balu Baban Kamate Petitioner versus The State of Maharashtra and others Respondents K.S.Patil for petitioner. Rajesh More, APP for State. CORAM : A.S.OKA, J. DATE : 24th June 2009 PC : 1. The petition was finally heard on 22nd June 2009. The challenge in this petition is to an order passed by the Deputy Commissioner of Police, Pune of externment of the petitioner in purported exercise of powers under section 56(B) of Bombay Police Act, 1951 (hereinafter referred to as “the said Act”). By the said order the petitioner was ordered to be externed for a period of two years from the area falling within the jurisdiction of Commissionerate of Police, Pune and adjoining districts. 2. The submission of the learned counsel for the petitioners is that in the impugned order there are certain allegations made against the petitioner which do not form part of the show cause notice issued to the 2 petitioner. He submitted that extraneous material has been considered by the externing authority and, therefore, the order is vitiated. He submitted that the order is vague and it merely specifies that the petitioner has been externed from the areas falling within the jurisdiction of Commissionerate of Police, Pune and adjoining districts. The order of externment passed by the Deputy Commissioner of Police, Pune was modified by the Appellate Authority by reducing the period of externment to six years and by confining the order of externment to the areas falling within the jurisdiction of Commissionerate of Pune. 3. The learned APP submitted that the show cause notice contains the general nature of allegations against the petitioner and there is no question of breach of principles of natural justice and extraneous material being considered by the authority. He submitted that the order is not excessive. He submitted that no interference is called for with the subjective satisfaction recorded by the externing authority. 4. A perusal of the show cause notice shows that reliance has been placed on in-camera statements of witnesses-A and B and three offences registered against the petitioner in Wanawadi Police Station, Pune. The in-camera statement of witness-A relates to an incident dated 9th October 2008 and the in-camera statement of witness-B relates to the incident of 14th October 2008. In the order of externment the Deputy Commissioner of Police has stated that material has been produced before him in the enquiry to show that the petitioner is capturing the plots in the area by 3 threatening the people by showing weapons and after putting his own name boards on the said plots, he has been selling the said plots. It is stated that from the money received from the sale of plots he is maintaining goondas with him. A perusal of the show cause notice shows that these allegations do not find place in the show cause notice. Thus, the order of externment has been passed on the basis of material which can be said to be extraneous material. The said material does not form part of the show cause notice. The petitioner had no opportunity to file reply dealing with the said material. Therefore, there is a breach of principles of natural justice. Only on this ground the impugned order deserves to be quashed and set aside. 5. Hence, I pass following order :- (a) Rule is made absolute in terms of prayer clause (a). (A.S.OKA, J.)