1 pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 1018 of 2011 Vinod R. Gupta ...Petitioner Versus The State of Maharashtra & Others ...Respondents Ms.Rashmi Gagwani for Petitioner. Mr. Kondedeshmukh APP for State. CORAM:- R.Y.GANOO, J. DATED:- 14th JULY, 2011. P.C. 1. Rule. Rule made returnable forthwith. 2. Learned Advocate Mr. Kondedeshmukh appearing for the State waives service. He filed affidavit in reply dated 12th July, 2011. Same is taken on record. 3. Heard learned Counsels on both sides. The petitioner was externed from District of Thane, Gr.Mumbai & Mumbai Suburb and Raigad, by Order dated 14th October, 2010 in accordance with the provisions 2 of Section 56(1)(a)(b) of the Bombay Police Act. The Order passed by the Deputy Commissioner of Police, Division 4, Ulhasnagar , District Thane was challenged before the Principal Secretary Law and Administration, in Appeal No. EXE/2010/226/Vi-Sha-3(a). The said appeal was decided on 24th February 2011 and the same has been dismissed. By the Externment Order the petitioner is externed w.e.f. 14th October, 2010 i.e. roughly about eight months have passed. 4. I have heard learned Counsel appearing on behalf of the petitioner. Perused the externment order impugned in this petition. It shows that the basis for arriving at the decision to extern the petitioner is on account of alleged involvement of the petitioner in three cases, one is of year 2008 and two others are of 2009. The externment order itself says that those cases are pending i.e. to say the alleged involvement of the present petitioner is yet to be confirmed. Hence the material on the basis of which the externment order is passed cannot be treated as good. Apart from the aforesaid observations, the applicant who is resident of Ulhasnagar is sought to be externed from three districts namely Thane, Gr. Mumbai and Raigad. Looking to the residence of the applicant the externment of the present applicant 3 from Raigad district is excessive, this is one more ground. 5. On the basis of the aforesaid two grounds, the order cannot sustain and petition will have to be made absolute. 6. Writ Petition is made absolute in terms of prayer clause (c). (R.Y.GANOO, J.)