SCR.A/107/2008 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CRIMINAL APPLICATION No. 107 of 2008 For Approval and Signature: HONOURABLE MR.JUSTICE MD SHAH ========================================================= 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, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ========================================================= PADMABEN JASWANTBHAI KANJIBHAIKHARWA - Applicant(s) Versus THE STATE OF GUJARAT & 1 - Respondent(s) ========================================================= Appearance : MR SHAKEEL A QURESHI for Applicant. Mr.L.R.Pujari, AGP for the respondents. ========================================================= CORAM : HONOURABLE MR.JUSTICE MD SHAH Date : 09/05/2008 ORAL JUDGMENT 1.Heard learned Counsel Mr. S.A.Qureshi for the petitioner and learned A.P.P. Mr. Pujari for the respondents. 2.The petitioner-externee has challenged the order SCR.A/107/2008 2/3 JUDGMENT of externment dated 3-8-2007 passed by the Deputy Police Commissioner, Zone 2, Surat,externing the externee from the territories of Surat Rural, Bharuch, Narmada, Navsari and Valsad as also the order dated 13- 11-2007 passed by the Principal Secretry, Home Department, Sachivalay, Gandhinagar, confirming the same in appeal. 3.While going through the order dated 13-11-2007 passed by the appellate authority, it is found that the appellate authority has held as under: i.That the petitioner is not a headstrong person and that the authority has not considered the documents regarding good behaviour of the petitioner which has been produced by the petitioner. ii.That only one offence is registered against the petitioner. iii.That seven months delay is caused in passing the order of externment after the issuance of the notice. 4.Thus, when the appellate authority is not convinced that the Deputy Commissioner has not appreciated the material on record in its right perspective and there is no substance in the allegations made against the petitioner- externee, then the appellate authority ought to have quashed and set aside the order passed by the Deputy Police Commissioner under Section 56B of the Bombay Police Act. 5.Taking into consideration, the findings arrived at by the appellate authority, in the opinion of SCR.A/107/2008 3/3 JUDGMENT this Court, when there is no cogent and reliable evidence against the petitioner-externee the order of externment as well as the order confirming the same in appeal are not sustainable in the eye of law. The application, therefore deserves to be allowed. 6.In the result, the application is allowed. The order of externment dated 3-8-2007 passed by the Deputy Police Commissioner, Zone 2, Surat City as also the order dated 13-11-2007 passed by the Principal Secretary, Home Department, Sachivalaya, Gandhinagar, against the externee are quashed and set aside. Rule is made absolute. Direct service is permitted. (M.D.Shah,J.) lee.