Farad Continuation Sheet No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE NAGPUR BENCH, NAGPUR. CRIMINAL WRIT PETITION NO.608/08 [Samir Kha Shafi Kha ..vs.. State ] ________________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders. ______________________________________________________________________________ Shri M.A. Hussain, Advocate for petitioner Shri Doifode, A.P.P. for state CORAM : R.C.CHAVAN, J. DATED : NOVEMBER 21, 2008. Rule. By consent heard forthwith. The petitioner takes exception to the order of externment passed by S.D.M. Daryapur on 11.9.2007 for a period of one year. The order was actually executed on 26.11.2007 and would thus expire on 26.11.2008. 2] Learned S.D.M. had mentioned in the his order that between 2003 to 2005 the petitioner was found involved in commission of two offences of gambling. Neither the proposal for externment sent by the Police Officer, nor the report of enquiry, refer to any offence of gambling. Learned S.D.M. mentions that though the petitioner was convicted and sentenced it did not seem to have led to petitioner's improvement. Learned counsel for the petitioner points out that out of the four offences mentioned in the proposal he has been acquitted in three and the fourth is pending under section 4 read with 24 of the Arms Act. Thus there are no conviction. 3] Learned A.P.P. who has custody of record, has gone through record and could not point out that there is any evidence of conviction of appellant which was placed before the S.D.M. He could also notpoint out that the S.D.M. was acquainted of any offence under the Bombay Prevention of Gambling Act for which the petitioner was arrested or charge-sheeted. In view of this it is clear that the order of the S.D.M. exhibits non application of mind. 3] This order was challenged in revision before the learned Additional Sessions Judge which was rightly dismissed by the learned Additional Sessions Judge as not maintainable. 4] In view of this since the impugned order of the S.D.M. exhibits lack of application of mind, it is quashed and set aside. Rule made absolute in the aforesaid terms. Hamdast granted. JUDGE smp.