IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CRIMINAL APPLICATION No 818 of 2001 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 -------------------------------------------------------------- DINESHBHAI SHANKERBHAI THAKORE Versus STATE OF GUJARAT -------------------------------------------------------------- Appearance: 1. Special Criminal Application No. 818 of 2001 MR MEHUL H RATHOD 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 8.6.2001, passed by the Sub Divisional Magistrate, Deesa in exercise of powers under Section 56B of Bombay Police Act. The petitioner came to be externed from the contiguous districts of Mehsana, Sabarkantha, Patan and Kutch in addition to Banaskantha District for a period of one year. 2. The petitioner was issued with a notice under Section 59 of the Bombay Police Act, on 20.2.2001, 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 7.8.2001, 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 Mehsana, Sabarkantha, Patan and Kutch in addition to Banaskantha Dist. 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 8.6.2001 passed by the externing authority against Shri Dineshbhai Shankerbhai Thakore and order dated 7.8.2001 passed by the appellate authority, both are hereby quashed and set aside. Rule made absolute. Direct service permitted. (A.L.Dave,J.) */Mohandas