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Bombay High Court

FARHAN ABDUL KADAR BATATEWALA AND ANRversusTHE DIVISIONAL COMMISSIIONER AND ANR

Decided
Disposal
Disposed Off

Holding

The Court quashed the externment order and the appellate order, subject to the petitioners strictly complying with the accepted undertakings.

Summary

The petitioners, three individuals, were externed from Mumbai and surrounding areas for two years under Section 55 of the Maharashtra Police Act based on alleged offences related to tobacco and gutkha. They challenged the externment order, arguing that the offences cited were either under investigation or not linked to the show‑cause notice, and that no notice had been issued. The State contended that multiple serious offences under the Prevention of Food Adulteration Act and Section 328 IPC justified the externment. The Court observed that most offences were bailable, the only non‑bailable offence (Section 328 IPC) was pending before the Supreme Court, and the petitioners had offered undertakings not to deal in tobacco products, which were accepted. Finding no subjective satisfaction for the externment and no live link between the offences and the notice, the Court quashed both the externment order and the appellate order, subject to compliance with the undertakings.

Issues considered

  • Whether the externment order under Section 55 of the Maharashtra Police Act is valid in the absence of a live link between the alleged offences and the show‑cause notice.
  • Whether the petitioners' undertaking not to deal in tobacco and gutkha suffices to set aside the externment.
  • Whether the presence of a non‑bailable offence under Section 328 IPC affects the validity of the externment.

Legislation cited

Subjects

  • Externment
  • Maharashtra Police Act
  • Section 55
  • Section 59
  • Undertaking
  • Tobacco
  • Gutkha
  • IPC Section 328
  • Prevention of Food Adulteration Act
  • Article 227
  • Writ Petition
  • Quash

Judgment

                                                     931 WP-4640-2025.DOC
skt



        `IN THE HIGH COURT OF JUDICATURE AT BOMBAY
              CRIMINAL APPELLATE JURISDICTION
           CRIMINAL WRIT PETITION NO. 4640 OF 2025
1. Farhan Abdul Kadar Batatewala                        …Petitioners
2. Adil Dilawar Supariwala
3. Sufiyan Hasan Batatewala
          Vs.
1. The Divisional Commissioner
   Kokan Division, Mumbai
2. The Deputy Commissioner of Police
   Zone-1, Brihan Mumbai                                …Respondents
3. The Sr. Police Inspector
4. The State of Maharashtra


Mr. Mateen Shaikh a/w. Razique Shaikh, Arshad Shaikh, Hassan
Siddiqui, Muskan Shaikh and Jammu Shaikh, for the Petitioners.
Ms. Savita M. Yadav, APP for the State.
API Vaibhav Kadam, Dongri Police Station.


                        CORAM:     MADHAV J. JAMDAR, J.
                        DATE :     29th SEPTEMBER, 2026
P. C.:
1.     Heard Mr. Shaikh, learned counsel appearing for               the

Petitioners and Ms. Yadav, learned APP appearing for the

Respondent-State.

2.      By this Writ Petition filed under Article 227 of the

Constitution of India, the challenge is to the legality and validity of

order    dated   21st   February   2025     passed    by   the   Deputy

Commissioner of Police, Zone-1, Brihan Mumbai in Externment




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Case No. 43 of 2025 under Section 55 of the Maharashtra Police

Act, 1951 by which the Petitioners have been externed from

Mumbai, Mumbai Suburban, Thane, Navi Mumbai and Panvel for a

period of two years. The said order has been challenged before the

Appellate Authority by filing Externment Appeal No. 46 of 2025

and the said appeal has been dismissed by the Divisional

Commissioner, Kokan Division by order dated 6th August 2025.


3.    It is the submission of learned counsel appearing for the

Petitioners that there is no live-link between the offences and show

cause notice.   He submits that the last offence as far as the

Petitioner Nos. 1 and 2 are concerned, is C.R. No. 274 of 2024

which has been registered with Dongri Police Station on 14 th June

2024. He submits that the said offences was under investigation

and therefore the same could not have been taken into

consideration. He submits that as far as the Petitioner No. 3 is

concerned, only one offence is registered which was under

investigation and therefore he could not have been externed. As

far as Petitioner No.2 is concerned, he submits that the last offence

which has been taken into consideration against him is registered

on 24th May 2024 as the action has been taken on 21 st February,




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2025, there is no live link between these two cases. As far as

Petitioner No.1 is concerned, he states, the last offence is of 29 th

December 2024 and the action taken is on 21st February 2025 and

therefore also, there is no live link between the last offence and the

action of externment. He submits that show cause notice has not

been issued. In any case, he submits that all the Petitioners are

ready to give undertaking in terms of directions issued by the

Supreme Court in the case of Abhijit Jitendra Lolage Vs. State of

Maharashtra1    and    Mr.    Shaikh,     learned     counsel    tenders

undertakings of all the Petitioners stating that the Petitioners

would not indulge in the business of tobacco and allied product

which are prohibited in the State of Maharashtra and that the

Petitioners undertake that they shall not indulge in the offences

related to Tobacco and Gutkha.


4.    On the other hand, Ms. Yadav, learned APP strongly opposes

the Writ Petition. She submits that as far as the Petitioner No.1 is

concerned, there are eight offences, there are four offences against

Petitioner No.2 and there is one offence against Petitioner No.3.

She submits that the Petitioners are indulging in the said offences


1     SLP (Cri.) Diary No. 2806/2023


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as a gang and the Petitioner No.1 is a gang-leader. She submits

that all the offences are very serious concerning the Prevention of

Food Adulteration Act, 1954. She submits that there is live-link

between the offences and action of externment and therefore, no

interference in the impugned orders is warranted.


5.    Perusal of the record shows that the offences alleged against

the Petitioners are concerning Section 328 of the Indian Penal

Code and other offences are concerning bailable offences.             The

issue whether the offence under Section 328 of the Penal Code will

apply to similar cases, i.e., where the Petitioners were found

dealing with Gutkha is pending before the Supreme Court.


6.    The Supreme Court in the case of Abhijit Jitendra Lolage

(supra) has, while granting bail, has imposed following condition :

      “It is deemed appropriate to impose the condition – “I,
      Abhijeet Jitendra Lolage do undertake to not deal with
      Gutkha, that is, Pan Masala with Tobacco”. In case, the
      appellant – Abhijeet Jitendra Lolage violates the terms
      and conditions of bail, including the undertaking
      imposed, it would be open to the prosecution to seek
      cancellation of bail. ”
                                          (Emphasis added)




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Mr. Mateen Shaikh, learned Counsel of the Petitioners submitted

earlier that all the Petitioners are ready to give such undertaking

and accordingly, tenders such undertaking of all the Petitioners

which is in terms of the said order of the Supreme Court in the

case of Abhijit Jitendra Lolage (supra).


7.    As far as the merits are concerned, there is only one case

against   the   Petitioner   No.3   which     has    been   taken   into

consideration and admittedly the said case was under investigation

when action was taken and therefore could not have been taken

into consideration and drastic order of externment could not have

been passed.


8.    Perusal of the record shows that as far as Petitioner No.1 is

concerned, the last offence is registered on 24 th December 2024

and as far as the Petitioner No.2 is concerned, the last offence is

registered on 14th June 2024 and the notice under Section 59 of

the Maharashtra Police Act was given on 20 th October 2025. Thus,

there is substance in the contention raised by learned counsel

appearing for the Petitioners that there is no live link as far as the

registration of offence and the show cause notice is concerned.




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9.         Perusal of the record shows that all the offences are of

bailable nature except offence under Section 328 IPC. As noted

earlier, whether Section 328 IPC will apply to the said offence

concerning dealing with Pan Masala and Gutkha is being

considered by the Supreme Court. The Petitioners have already

given the undertakings that they will not indulge in the offences

related to the Gutkha i.e. Pan Masala with Tobacco.                 The said

undertakings given by the Petitioners are accepted.


10.        Although certain reasons are set out for externing the

Petitioner Nos.1 and 2, however, there is no subjective satisfaction

recorded for externing the Petitioners from the area of Mumbai,

Mumbai Suburban, Thane and Raigad.



11.        Accordingly, in the facts and circumstances, case is made out

for interference in the impugned orders.                The Writ Petition is

disposed of by passing following order :


                                 ORDER


      i.    The order dated 21st February 2025 passed by the

      Deputy Commissioner of Police, Zone-1, Brihan Mumbai in




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      Externment Case No. 43 of 2025 as also order dated 6 th

      August 2025 passed by the Divisional Commissioner, Kokan

      Division in Externment Appeal No. 46 of 2026 are quashed

      and set aside, subject to the Petitioners strictly complying

      with the undertakings given to this Court and accepted by

      this Court.




                                             [MADHAV J. JAMDAR, J.]




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