Mere registration of offence against purported gang leader and members does not mean that they actually constitute a â€˜gangâ€™, so as to justify their externment

The main issue raised in this case is that whether on account of an offence being registered against the purported gang leader and a member of the gang, the same would constitute a gang or not.

The offences were registered against accused persons under S. 12A of the Maharashtra Prevention of Gambling Act. The Externing Authority passed the order of externment against accused persons for a period of 5 months from Gondia District. Accused persons aggrieved by the said order of externment.

The sine qua non for exercising power under S. 55 of Maharashtra Police Act is the movement of gang or body of persons on account of which movement, there is alarm or danger or reasonable suspicion of unlawful designs being entertained by such a gang.

Merely because an offence is registered against a purported gang leader and member of a gang would not mean that they constitute a gang. Also, the jurisdictional fact is absent for authorities to invoke provisions of S. 55 of the Maharashtra Police Act. Order externing accused persons of a period of 5 months from Gondia District liable to be quashed.

Appearing Counsel/s : Shri. Kabir Jhamb, Adv. h/f Shri V.S. Mishra, Shri T.A. Mirza, APP.

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