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Judgment
Heard learned advocates for the parties and perused the record.
The petitioner, who is the externee, has challenged the order of externment dated 22.09.2015 being Externment Case No.13 of 2015 passed
by the respondent No.3.
The authority has issued a show cause notice on 30.06.2015 under section 56(C) 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.
In response to the show cause notice, the petitioner has not submitted his explanation to the concerned authority. The respondent No.3 has
passed the order of externment on 22.09.2015 externing the petitioner for a period of two years from the area falling under Bharuch, Narmada,
Vadodara and Surat.
It may be pertinent to refer the following citations:
(1) Jagidsh Shamjibhai Makwana v. Sub- Divisional Magistrate, Bhavnagar reported in 2002(2) GLR 1158 &
(2) Rameshbhai Shankarbhai Sonara v. State of Gujarat reported in 2002(C) GLR 169
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 22.09.2015 being Externment Case
No. 13 of 2015 passed by the respondent No.3 is hereby quashed and set aside.
Rule is made absolute to the aforesaid extent. Direct Service is permitted.