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2018 DIGILAW 16 (GUJ)

BHAILALBHAI MAGANBHAI MALI v. STATE OF GUJARAT

2018-01-08

S.G.SHAH

body2018
JUDGMENT : 1. Heard learned advocates for the parties and perused the record. 2. The petitioner, who is the externee, has challenged the order of externment dated 02.11.2017 being Externment order No. No. PCB/HDP/161/17/2750/17 passed by the respondent No. 2. 3. The Deputy Police Commissioner issued a show cause notice on 29.09.2017 under section 56(b) of the Gujarat Police Act, 1951 (referred to as the ‘Act’ hereinafter) to the petitioner inter alia alleging in the show cause notice that the petitioner is a Dangerous Person and doing his activities by using force or violence. There is a specific allegation in the notice that the petitioner was doing all these activities within the jurisdiction of concerned Police Station. 4. In response to the show cause notice, the petitioner has not submitted his explanation to the concerned authority. The respondent No. 2 has passed the order of externment on 02.11.2017 externing the petitioner for a period of one year from the area falling under Vadodara City and Vadodara district. 5. 6. Per contra, learned APP submits that the competent authority has passed the impugned order after considering all the relevant materials and statement of witnesses as well as the fact that the petitioner is involved in other criminal offences, so as to demonstrate that there is likelihood of breach of peace in the area and therefore, the learned APP supported the impugned order and urged to dismiss the petition. 6. It may be pertinent to refer the following citations: (1) Jagidsh Shamjibhai Makwana v. SubDivisional Magistrate, Bhavnagar reported in 2002(2) GLR 1158 & (2) Rameshbhai Shankarbhai Sonara v. State of Gujarat reported in 2002(C) GLR 169 7. In view of the foregoing reasons, it becomes clear that there is absolute non compliance of mind while passing the order of externment and hence the petition deserves to be allowed and accordingly allowed. Thereby, the order of externment dated 02.11.2017 being Hadpari order No. PCB/HDP/161/17/2750/17 passed by the respondent No. 2 is hereby quashed and set aside. Rule is made absolute to the aforesaid extent. Direct Service is permitted.