1 crwp2874 ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELATE JURISDICTION CRIMINAL WRIT PETITION NO.2874 OF 2010 Prem Sumamal Poptani ...Petitioner vs. The Asst.Commissioner of Police, Ulhasnagar Division,Ulhasnagar-3, District Thane & Others ...Respondents Ms Pratibha Borade h/f Mr.A.S.Rao for the Petitioner Ms U.V.Kejriwal, A.P.P for the respondent-State CORAM : A.S.OKA,J. DATE : SEPTEMBER 23, 2011 P.C.: 1 The challenge in this writ petition is to an order passed by the Deputy Commissioner of Police in exercise of powers under section 56 of the Bombay Police Act, 1951. By order dated 26 th October 2009, the petitioner has been externed from the Districts of Thane, Greater Mumbai and Mumbai Suburban for a period of two years. A statutory appeal preferred by the petitioner has been dismissed by the State Government. 2 The submission of the learned counsel for the petitioner is that the order of externment passed by the Deputy Commissioner of Police is based on alleged incidents which have occurred within the city of Ulhasnagar. However, the order of externment relates to three revenue districts of 2 crwp2874 Thane, Greater Mumbai and Mumbai Suburban. Her submission is that the order of externment is excessive. The learned counsel for the petitioner relied upon various decisions of this Court in support of her submissions. 3 The learned A.P.P for State submitted that considering the nature of prejudicial activities of the petitioner, order of externment has been extended to the adjoining districts. Inviting the attention of the Court to the reply filed by the Additional Superintendent of Police, it was submitted that subjective satisfaction has been recorded by the Competent Authority that the order of externment must extend to three districts considering the nature of the prejudicial activities of the petitioner. The submission is that considering the availability of various means of transport, the order of externment cannot be faulted with. 4 I have carefully considered the submissions. Perusal of the show cause notice shows that reliance has been placed on two offences. Both the offences have been registered at Central Police Station at Ulhasnagar, District Thane. Reliance is also placed on two in-camera statements of the witnesses in which they have described the alleged prejudicial activities of the petitioner within the limits of Central Police Station at Ulhasnagar. Thus, all the alleged prejudicial activities of the petitioner are within the limits city of Ulhasnagar. In fact on page 23 of the petition, in the impugned order of 3 crwp2874 externment, it is specifically set out that the activities were in the city of Ulhasnagar. 5 It is true that the Authority empowered to pass an order of externment need not confine the order to the area in which alleged prejudicial activities are carried on. As held by this Court in case of Ganesh Tanaji Katare vs. Assistant Commissioner of Police and others [2005 All M.R. (Cri) 2717], the Authority must record a subjective satisfaction about the necessity of extending the order of externment to a larger area. Perusal of the order of externment shows that it is merely stated that the petitioner is indulging in the activities in various parts of Ulhasnagar and adjoining area. There is nothing in the order of externment to indicate that subjective satisfaction has been recorded that considering the nature of prejudicial activities, the order of externment deserves to be extended to the entire district of Thane and two revenue districts of Greater Mumbai and Mumbai Suburban District. Thus, the impugned order of externment is vitiated only on the ground that the same is excessive. Hence, the petition must succeed. 6 Hence, I pass the following order : i) Rule is made absolute in terms of prayer clause (b). JUDGE