Case Note & Summary
The petitioner, Randhir s/o Chandrabal Gautam, challenged an externment order passed by the Sub-Divisional Magistrate, Wardha on 7th July 2012, which was confirmed by the Secretary (Special), Home Department, Government of Maharashtra on 3rd December 2012. The order externed the petitioner from Wardha, Amravati, and Yavatmal districts for two years. The petitioner contended that the authorities relied on prosecutions under the Bombay Prohibition Act and stale prosecutions. The High Court examined the impugned orders and found that out of ten prosecutions considered, nine were under the Bombay Prohibition Act, and one from 1995 was stale. The court held that settled law prohibits using prosecutions under the Bombay Prohibition Act to justify externment under Section 56 of the Bombay Police Act, 1951. Additionally, the stale prosecution could not be considered. The court also noted that the petitioner had been acquitted in nine out of ten cases. The crimes were all registered in Wardha district, indicating no nexus with the externment from three districts. Consequently, the court quashed the externment order and allowed the petition.
Headnote
A) Bombay Police Act - Externment - Section 56 - Basis of Prosecutions - Externment order under Section 56 of the Bombay Police Act, 1951 cannot be passed on the basis of prosecutions under the Bombay Prohibition Act. The court held that the authorities erred in considering such prosecutions for externment. (Para 4) B) Bombay Police Act - Externment - Stale Prosecutions - Section 56 - Stale prosecutions cannot be the basis for an externment order. The court noted that the prosecution from 1995 was stale and could not justify externment. (Para 4) C) Bombay Police Act - Externment - Nexus - Section 56 - There must be a nexus between the externment order and the alleged activities. The court found that all crimes were registered in Wardha district, showing no nexus with the externment from three districts. (Para 4)
Issue of Consideration
Whether an externment order under Section 56 of the Bombay Police Act, 1951 can be passed on the basis of prosecutions under the Bombay Prohibition Act and stale prosecutions.
Final Decision
The petition is allowed. The impugned order dated 7th July 2012 passed by the Sub-Divisional Magistrate, Wardha and the order dated 3rd December 2012 passed by the Secretary (Special), Home Department, Government of Maharashtra are quashed and set aside. Rule is made absolute accordingly.
Law Points
- Externment order under Section 56 of Bombay Police Act cannot be based on prosecutions under Bombay Prohibition Act
- Stale prosecutions cannot be considered for externment
- Acquittal in most cases weakens basis for externment
- Nexus between externment and alleged activities must be established
