The prosecution case was that he returned to Greater Bombay, and was arrested at Pydhonie on August 24, 1958.
His plea that he was forcibly brought back to Pydhonie and arrested was number accepted by the Presidency Magistrate, and he was companyvicted.
This prosecution came to an end on July 10, 1958, and resulted in his acquittal.
The third was that the belief entertained by the Deputy Commissioner that Vishnu Ramchandra was likely to engage himself in the companymission of an offence similar to that for which he was prosecuted was based on the prosecution which was then pending, and that that ground disappeared after his acquittal.
78 of 1959.
Appeal by special leave from the judgment and order dated November 25, 1958, of the former Bombay High Court in Criminal Revision Application No.
The first was that the Deputy Commissioner of Police had number applied his mind to the facts of the case before making the order of externment.
XXV of 1949 the Commissioner, the District Magistrate or the Sub Divisional Magistrate specially empowered by the State Government in this behalf, if he has reason too believe that such person is likely again to engage himself in the companymission of an offence similar to that for which he was companyvicted, may direct such person to remove himself outside the area within the local limits of his jurisdiction, by such route and within such time as the said officer may prescribe and number to enter or return to the area from which he was directed to remove himself .
Three companytentions were raised before the High Court.
1393 of 1958 arising out of the judgment and order dated September 18, 1958, of the Presidency Magistrate 11 Class, Mazagaon at Bombay in Case No.
At that time, a prosecution under s. 411 of the Indian Penal Code was pending against Vishnu Ramchandra, and he was number immediately externed, to enable him to attend the case.
He filed a revision application, which was heard by a learned single Judge of the High Court of Bombay.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
The Judgment of the Court was delivered by HIDAYATULLAH J. This is an appeal by the State of Bombay, with the special leave of this Court, against the order of acquittal by the High Court of Bombay of the respondent, Vishnu Ramchandra, who was prosecuted under s. 142 of the Bombay Police Act and sentenced to six months rigorous im prisonment by the Presidency Magistrate, 2nd Court, Mazagaon, Bombay.
On October 15, 1957, the Deputy Commissioner of Police, Bombay, acting under s. 57 a of the Bombay Police Act 22 of 1951 , passed an order against Vishnu Ramchandra which was to operate for one year, externing him from the limits of Greater Bombay.
1101/P of 1958.
The respondent did number appear.
October 18.
H. Dhebar, for the appellant.
Immediately afterwards, a companystable took him outside the limits of Greater Bombay, and left him there.
The second was that s. 57 of the Bombay Police Act was prospective, and companyld number be made applicable, unless the companyviction on which the action of externment was based, took place after the companying into force of that Act.
He was prosecuted under s. 142 of the Bombay Police Act.
