State of GujaratJahidkhan @ Javid S/o Yashinkhan Pathan v. State of Gujarat
2018-01-29
S.G.SHAH
body2018
DigiLaw.ai
JUDGMENT : 1. RULE. Learned APP waives service of notice of Rule for the respondent – State. 2. Heard learned advocates for the parties and perused the record. 3. The petitioner, who is the externee, has challenged the order of externment dated 20.02.2016 being Hadpari order No.HDP/17/2015/2016 passed by the respondent authority as well as order dated 10.01.2018 passed by the respondent authority in Externment Appeal No.85A of 2017 under section 60 of the Bombay Police Act, 1951 (For short `the Act'). 4. The Deputy Police Commissioner issued a show cause notice on 4.2.2015 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. 5. In response to the show cause notice, the petitioner has not submitted his explanation to the concerned authority. The respondent authority has passed the order of externment on 20.02.2016 externing the petitioner for a period of two years from the area falling under Surat (Rural), Bharuch and Navsari whereas he is resident of Surat District only. 6. However, it cannot be ignored that after passing such order dated 20.2.2016, the competent court has acquitted the petitioner by its judgment and order dated 9.5.2017 in Criminal Case No.60393/2014. 7. In view of the foregoing reasons, it becomes clear that there is absolute non compliance of min while passing the order of externment and hence the petition deserves to be allowed and accordingly allowed. Thereby, the order of externment order No.HDP/17/2015/2016 passed by the respondent authority as well as order dated 10.01.2018 passed by the respondent authority in Externment Appeal No.85A of 2017 are hereby quashed and set aside. Rule is made absolute to the aforesaid extent. Direct Service is permitted.