bsb IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO. 893 OF 2008 PETITION NO. 893 OF 2008 PETITION NO. 893 OF 2008 Atique Abdul Jabbar Shaikh ... Petitioner v/s The Dy. Commissioner of Police, Zone-VII, Brihan Mumbai Police Force & anr. ... Respondents Mr.R.Satyanarayanan for the petitioner. Mr.P.A.Pol, A.P.P. for the State. CORAM: CORAM: CORAM: SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. DATED: DATED: DATED: 5TH MAY, 2008 5TH MAY, 2008 5TH MAY, 2008 P.C. P.C. P.C.: 1. By the order dated 15.3.2008 the petitioner has been externed for a period of one year from Mumbai. By this order, the petitioner has also been directed to furnish a bond for good behaviour and two sureties for Rs.25,000/- each. 2. The learned advocate for the petitioner submits that this order which is impugned in the petition is contrary to the provisions of Section 56(1)(a)(b) of the Bombay Police Act and, therefore, the order will have to be set aside. He submits that while externing a person the police cannot ask for a bond for good behaviour. 2 3. A bare perusal of Section 56 of the Bombay Police Act indicates that after the enquiry it would be open for the Commissioner of Police to extern a person from Greater Bombay for reasons which are mentioned in Section 56. However, there is no power vested with the Commissioner of Police under this section to direct the externee to furnish a bond for good behaviour. The provision which permits the authorities to require the proposed externee to furnish a bond is under Section 59. However, this is a bond which could be asked for while proceedings under Sections 55, 56, 57 or 57A are in progress. The order which is impugned indicates that it is a final order passed by the police under Section 56(1)(a)(b) and, therefore, it is obvious that the police had no authority to require the petitioner to furnish a bond for good behaviour. 4. In this view of the matter, the learned A.P.P. states that the order dated 15.3.2008 will be withdrawn by the police with liberty to take action in accordance with law against the petitioner based on the show cause notice issued on 18th December, 2007. 5. The order dated 15.3.2008, therefore, stands withdrawn. 3 6. Respondent No.1 may take such action as permissible in accordance with law, based on the show cause notice dated 18th December, 2007. 5. Writ petition disposed of accordingly.