SCR.A/1909/2006 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CRIMINAL APPLICATION No. 1909 of 2006 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 ? ========================================================= CHETANSINGH ASHOKSINGH SOLANKI - Applicant(s) Versus STATE OF GUJARAT & 1 - Respondent(s) ========================================================= Appearance : MR KIRAN R JANI for Applicant. MR SATISH R PATEL for Applicant. Mr.L.R.Pujari, AGP for the respondents. ========================================================= CORAM : HONOURABLE MR.JUSTICE MD SHAH Date : 07/03/2008 ORAL JUDGMENT 1. Heard learned Counsel Mr.S.R.Patel for the petitioner and lelarned A.P.P. Mr. L.R.Pujari for the respondents. SCR.A/1909/2006 2/3 JUDGMENT 2. The petitioner-externee has challenged the order of externment dated 4-5-2006 passed by the Deputy Police Commissioner, Zone 6, Ahmedbad City externing the externee from Ahmedabad Rural, Gandhinagar, Kheda and Mehsana for a period of two years as also the order dated 26- 10-2006 passed by the Jt.Secretary , Home Department, Sachivalay, Gandhinagar,confirming the same in appeal. 3. While going through the order dated 26-10-2006 passed by the appellate authority, it is found that the appellate authority has held as under: (i) long delay is caused in passing the order of externment after issuance of the notice which could be avoided. (ii) the allegations made against the present petitioner are not proved. 4.Thus, when the appellate authority has come to the conclusion that the allegations made against the petitioner-externee are not proved, then the appellate authority ought to have quashed and set aside the order passed by the Deputy Police Commissioner, Ahmedabad City. 5.Taking into consideration, the findings arrived at by the appellate authority, in the opinion of 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 is not sustainable in the eye of law. The application, therefore SCR.A/1909/2006 3/3 JUDGMENT deserves to be allowed. 6.In the result, the application is allowed. The order of externment dated 4-5-2006 passed by the Deputy Police Commissioner, Zone 6, Ahmedabad City as also the order dated 26-10-2006 passed by the Jt.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.