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PETITIONER: THE STATE OF MAHARASHTRA
Vs.
RESPONDENT: VISHNU RAMCHANDRA
DATE OF JUDGMENT: 18/10/1960
BENCH: HIDAYATULLAH, M. BENCH: HIDAYATULLAH, M. SHAH, J.C.
CITATION: 1961 AIR 307 1961 SCR (2) 26 CITATOR INFO : RF 1964 SC 464 (13) RF 1973 SC1227 (54)
ACT: Externment--Order, if can relate to antecedents of convicted offenders--Statute, if Prospective or retrospective--Bombay Police Act, 1951 (22 of 1951), SS. 57(1), 142--Indian Penal Code, SS. 114, 380, 411.
HEADNOTE: On November 16, 1949, the respondent was convicted under ss. 38o and II4 of the Indian Penal Code. On October 5, 1957, the Deputy Commissioner of Police, Bombay, acting under s. 57(1) of the Bombay Police Act passed an order externing him from the limits of Greater Bombay. Later he was prosecuted and convicted under s. 142 of the Bombay Police Act by the Presidency Magistrate for returning to the area from which he was externed. On an application for revision the High Court acquitted the respondent upholding his contention that S. 57 of the Bombay Police Act was not retrospective and was not applicable unless the conviction on which the externment was based took place after the Act came into force. On appeal by the appellant with the special leave of this Court it was 27 Held, that though statutes must ordinarily be interpreted prospectively unless the language makes them retros...