Case Note & Summary
The petitioner, Umesh Bhagwan Patil, filed a Criminal Writ Petition before the Bombay High Court challenging an externment order dated 20th September 2010 passed by the Deputy Commissioner of Police, Zone II, Panvel, District Raigad. The order externed the petitioner from the territories of Districts Raigad, Thane, Greater Mumbai, and Mumbai Suburban District for a period of one year under Section 51(1)(a)(b) of the Bombay Police Act, 1951. The externment was proposed by the Senior Inspector of Police, Panvel City Police Station, based on the petitioner's involvement in three criminal cases and in-camera statements from witnesses who feared danger to their person and property. The petitioner argued that the notice of the order was not served in the manner prescribed under Section 59 of the Act, which requires personal service or affixation at the person's usual place of abode. The court examined the affidavit filed by the externing authority and found that the order was served by affixing it at the police station, not at the petitioner's usual place of abode. The court held that such service was not in compliance with Section 59, rendering the externment order invalid. The court allowed the petition, quashed the externment order, and made the rule absolute.
Headnote
A) Criminal Procedure - Externment - Service of Order - Section 51, 59 Bombay Police Act, 1951 - The petitioner challenged an externment order on the ground that the notice of the order was not served in the manner prescribed under Section 59 of the Act. The court held that the service of the order must be in accordance with Section 59, which requires personal service or affixation at the person's usual place of abode. Since the order was served by affixing it at the police station, which is not the petitioner's usual place of abode, the service was invalid. Consequently, the externment order was quashed and set aside. (Paras 1-10)
Issue of Consideration
Whether the externment order passed under Section 51 of the Bombay Police Act, 1951 is valid when the notice of the order was not served in the manner prescribed under Section 59 of the Act.
Final Decision
The court allowed the petition, quashed the externment order dated 20th September 2010, and made the rule absolute.
Law Points
- Externment order must be served in the manner prescribed under Section 59 of the Bombay Police Act
- 1951
- which requires personal service or affixation at the person's usual place of abode
- failure to comply renders the order invalid.
