1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2039 OF 2009 Sujit Madhukar Patil ..Petitioner versus Secretary of the Home Department, Mantralaya Mumbai & Anr. ..Respondents Mr. R. S. Kadam for Petitioner. Mr. S. N. Gawade – APP for State. CORAM : S. A. BOBDE, J. DATED : 17TH SEPTEMBER, 2009. P.C. : 1. The petitioner has challenged the order of externment and rejection of his appeal. 2. Two points have been mainly raised by the learned counsel for the petitioner. Firstly, that whereas the show cause notice asked the petitioner to show cause in respect of his alleged activities in Kalher Village, Narpoli Police Station; the externment order records the finding that his activities have created disturbance amongst various categories of people in Bhiwandi City. As a result the petitioner has had no opportunity to show cause in respect of any activity in Bhiwandi City. 2 3. The learned APP submitted that the Kalher Village in respect of which notice is issued is a part of Bhiwandi City and therefore the order is in accordance with the show cause notice. There is no merit in the submission. Since the externment order records the finding that the petitioner has been carrying on nefarious activities in Bhiwandi City which is not the same as Bhiwandi Taluka in which the village is located. 4. Secondly, it is contended on behalf of the petitioner that the another externment order refers to two Chapter Cases in Exhibit ‘B’ paragraphs 3 and 4 i.e. Chapter Case filed on 31st May 2005 under Section 101 of the Cr.P.C., the second case is a Chapter Case filed on 17th May 2008 under Section 107 of the Cr.P.C. where allegedly prohibitory action was taken and the bond of one year good behaviour was taken from him along with solvent surety. Admittedly though these two cases have been mentioned in the order there is no reference to these two cases in the show cause notice. In view of the settled position of law the order which is based on certain facts which are not mentioned in the show cause notice is an order passed in contravention of Section 59 of The Bombay Police Act, the impugned order of externment must be held to be illegal. Accordingly, the impugned order both appellate and the externment order are hereby set aside. Petition is made absolute. No order as to costs. (S. A. BOBDE, J.)