Jivraj @ Jivo Radheshyam Rajput vs State Of Gujarat on 14 March, 2018

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Gujarat High Court

Jivraj @ Jivo Radheshyam Rajput vs State Of Gujarat on 14 March, 2018

Bench: S.G. Shah

         R/SCR.A/801/2018                                       JUDGMENT




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

            SPECIAL CRIMINAL APPLICATION NO. 801 of 2018

FOR APPROVAL AND SIGNATURE:

HONOURABLE MR.JUSTICE S.G. SHAH

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1     Whether Reporters of Local Papers may be allowed to
      see the judgment ?

2     To be referred to the Reporter or not ?

3     Whether their Lordships wish to see the fair copy of the
      judgment ?

4     Whether this case involves a substantial question of law
      as to the interpretation of the Constitution of India or any
      order made thereunder ?

==========================================================
                     JIVRAJ @ JIVO RADHESHYAM RAJPUT
                                   Versus
                             STATE OF GUJARAT
==========================================================
Appearance:
MS SUBHADRA G PATEL(656) for the PETITIONER(s) No. 1
MR.L.R.PUJARI, APP for the RESPONDENT(s) No. 1
RULE SERVED(64) for the RESPONDENT(s) No. 2
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    CORAM: HONOURABLE MR.JUSTICE S.G. SHAH

                               Date : 14/03/2018

                               ORAL JUDGMENT

1. Heard learned advocates for the parties and perused the record.

2. The petitioner, who is the externee, has challenged the order of externment dated 23.01.2018 being Externment order No.PCB/HDP/147/17/220/2018 passed by the Page 1 of 2 R/SCR.A/801/2018 JUDGMENT respondent No.2.

3. The Assistant Police Commissioner issued a show cause notice on 01.09.2017 under sections 59 (1) (2) and 56 (b) of the Gujarat Police Act, (referred to as the `Act' hereinafter) to the petitioner inter alia alleging in the show cause notice that the petitioner is a Bootlegger 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.

4. 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 23.01.2018 externing the petitioner for a period of two from the area falling under Vadodara District.

5. 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

6. 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 23.01.2018 being Hadpari order No.PCB/HDP/147/17/220/2018 passed by the respondent No.2 is hereby quashed and set aside.

Rule is made absolute to the aforesaid extent. Direct Service is permitted.

(S.G. SHAH, J) VARSHA DESAI Page 2 of 2

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