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Judgment
RULE. Learned APP waives service of notice of Rule for the respondent State.
Heard learned advocates for the parties and perused the
record. Out of two FIRs, petitioner has been acquitted in first FIR being C.R.No. 69 of 2015 registered with Maninagar police station by judgment and order dated 22.09.2017 in Criminal Case No.466 of 2015 passed by the Additional Chief Metropolitan Magistrate, Court No.15, Ahmedabad. Therefore, there is no reason to pass order of externment against the the petitioner.
The petitioner, who is the externee, has challenged the show cause notice dated 10.11.2017 being show cause notice No.PCB/225/2017 passed by the respondent No.3.
The Deputy Police Commissioner issued a show cause notice on 22.09.2017 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.
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 22.09.2017 externing the petitioner for a period of two year from the area falling under Ahmedabad City, Ahmedabad (Rural), Gandhinagar, Kheda and Mahesana.
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 dated 22.09.2017 being show cause notice No.PCB/225/2017 passed by the respondent No.3 is hereby quashed and set aside.
Rule is made absolute to the aforesaid extent. Direct Service is permitted.