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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.
The petitioner, who is the externee, has challenged the order of externment dated 15.07.2017 in Externment Case No.1 of 2017 passed by the
respondent No.2.
The Sub Divisional Magistrate, Veraval issued a show cause notice on 01.05.2017 under section 56(a)(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.2 has
passed the order of externment on 15.07.2017 externing the petitioner for a period of two years from the area falling under Gir somnath,
Junagadh, Porbandar, Rajkot, Amreli and Union Territory of Div.
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 15.07.2017 in Extermnet Case no. 1
of 2017 passed by the respondent No.2 so also judgment and order dated 24.102017 in Externment Appeal No.117 of 2017 passed by the
respondent no.3 are hereby quashed and set aside.
Rule is made absolute to the aforesaid extent.
Direct Service is permitted.