IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CRIMINAL APPLICATION No 26 of 2002 For Approval and Signature: Hon'ble MR.JUSTICE A.L.DAVE ============================================================ 1. Whether Reporters of Local Papers may be allowed : NO to see the judgements? 2. To be referred to the Reporter or not? : NO 3. Whether Their Lordships wish to see the fair copy : NO of the judgement? 4. Whether this case involves a substantial question : NO of law as to the interpretation of the Constitution of India, 1950 of any Order made thereunder? 5. Whether it is to be circulated to the Civil Judge? : NO -------------------------------------------------------------- FARUK ISMAIL PATANI ALIAS FARUK MAULANA Versus SUB DIVISIONAL MAGISTRATE VERAVAL -------------------------------------------------------------- Appearance: 1. Special Criminal Application No. 26 of 2002 MR PRAVIN GONDALIYA for Petitioner No. 1 MR S.S. PATEL, AGP for Respondent State -------------------------------------------------------------- CORAM : MR.JUSTICE A.L.DAVE Date of decision: 08/02/2002 ORAL JUDGEMENT The petitioner by this petition under Article 226 of the Constitution of India seeks to challenge an order dated 24th October, 2001 passed by Sub Divisional Magistrate, Veraval in exercise of powers under Section 56B of Bombay Police Act. The petitioner came to be externed from the areas of Veraval city, Junagadh city, Rajkot, Amreli, Bhavnagar, Porbandar districts and Union territory of Diu for a period of one year. 2. The petitioner was issued with a notice under Section 59 of the Bombay Police Act, on 17.7.2001, and after considering the reply and material, the order was passed. The said order was carried in appeal under Section 60 of the Bombay Police Act, before the appellate authority and the appellate authority on 7.1.2002, dismissed the appeal which has given rise to the present petition. 3. Learned AGP Mr. S.S. Patel has opposed to this petition. 4. The petition deserves to be allowed on the ground that the petitioner is ordered to be externed from contiguous districts of Rajkot, Amreli, Bhavnagar, Porbandar and Union territory of Diu for a period of one year without there being any material to indicate that he is required to be externed from these contiguous districts. There is not an iota of word as to how the authority recorded a satisfaction for his externment from these contiguous districts. 5. The petition is therefore allowed. Order dated 24.10.2001 passed by the externing authority against Shri Faruk Ismail Patani alias Faruk Maulana and order dated 7.1.2002 passed by the appellate authority, both are hereby quashed and set aside. Rule made absolute. Direct service permitted. (A.L.Dave,J.) */Mohandas