1 PGK IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE Criminal Revision Application No.304 of 2000 Sunya alias Sunil Kashinath Adhav .. .. Applicant v/s. State of Maharashtra .. .. Respondent Mr.Kuldeep Patil i/by Mr.Deepak Girme for Applicant. Mr.S.R. Shinde, APP for State. ------ CORAM : SMT.ROSHAN DALVI, J. Dated : 17th November 2009 P.C. : 1.The Applicant was stated to have been externed under the externment order dated 2.3.1993. It was stated to have been served on the Applicant on that day. The Applicant was found to have breached that order. Consequently, the criminal prosecution was lodged against the Applicant. In that prosecution, an order came to be passed by the 19th Judicial Magistrate, First Class, Pune on 9.9.1997. The Applicant was convicted and sentenced to suffer simple imprisonment for 6 months. An Appeal against that order being Appeal No.159 of 1997 came to be dismissed. 2.It is shown to Court that the service of the externment order upon the Applicant is not proved. A xerox copy 2 of the certified copy of the externment order has been produced in evidence and marked Exhibit-14. The signature of the Applicant on that order is disputed. Receipt of the order was denied. The witness did not have personal knowledge of the receipt by the Applicant. The certified copy of judicial record being the externment order was not produced. Hence, the statutory presumption could not be made. Service upon the Applicant has not been separately proved. Secondary evidence has not been led upon the xerox copy of the certified copy of the externment order. Consequently, reliance upon that document for basing the conviction is improper. The impugned order dated 17.8.2000 passed by the learned Additional Sessions Judge, Pune in Criminal Appeal No.159 of 1997 as well as the order imposing sentence under Section 142 of the Bombay Police Act dated 9.9.1997 passed by the 19th Judicial Magistrate, First Class, Pune, are set aside. 3.Criminal Revision Application disposed of accordingly. (SMT.ROSHAN DALVI, J.)