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Judgment
Heard learned advocate Mr.Vaibhav N. Sheth for the applicant and learned APP Mr.K.L.Pandaya for the respondent State and perused the
record.
The petitioner, who is the externee, has challenged the order of externment dated 15.11.2017 being Externment case No.15 of 2017 passed by
the respondent authority.
The Deputy Police Commissioner issued a show cause notice on 11.10.2017 under section 56(C) of the Bombay 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 authority has
passed the order of externment on 15.11.2017 externing the petitioner for a period of one year from the area falling under Bharuch, Vadodara,
Surat, Narmada and Anand.
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 15.11.2017 being Exterment
Case No.15 of 2017 passed by the respondent authority is hereby quashed and set aside. Rule is made absolute to the aforesaid extent. Direct
Service is permitted.