IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CRIMINAL APPLICATION No. 1883 of 2007 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 ? ========================================================= KAIZER MOHAMMAD ARIF SHAIKH H - Applicant(s) Versus THE STATE OF GUJARAT & 2 - Respondent(s) ========================================================= Appearance : MR SIKANDER SAIYED for Applicant(s) : 1, Mr LR Pujari, Addl.PUBLIC PROSECUTOR for Respondent(s) : ========================================================= CORAM : HONOURABLE MR.JUSTICE MD SHAH Date : 10/03/2008.. ORAL JUDGMENT 1. Heard the learned advocate for the petitioner and the learned APP for the respondent 2. This petition has been filed by the petitioner- externee for quashing and setting aside the order of externment dated 30.8.2007 by the Deputy Commissioner of Police, Zone-2, Surat City whereby the petitioner- externee came to be externed from the limits and jurisdiction of the Police Commissioner, Surat City, Surat Rural, Bharuch, Narmada, Navsari & Valsad District for a period of two years as well as the order passed by the Appellate Authority confirming the said order in appeal. 3. It is held by the Additional Secretary, Home Department, Sachivalaya, Gandhinagar (Appellate Authority) in his order dated 15.1.2008 that the petitioner is maintaining his family by carrying out repairing work of mobile phones. It is also held by the Appellate Authority that there is no substance in the allegations levelled against the petitioner that because of fear, nobody dares to register complaint against the petitioner. 4. It is also pertinent to note that though the present petitioner submitted an application for releasing him temporarily under section 62 of the Bombay Police Act, the Appellate Authority has treated the same as an appeal and passed under section 60 of the Bombay Police Act. Though no appeal is filed by the petitioner before the Appellate Authority, the Appellate Authority passed order under section 60 of the Bombay Police Act which clearly shows that without application of mind, the said order has been passed. 5. In view of the above, this petition is allowed. Both the impugned order of externment dated 30.8.2007 passed by respondent No.2 which was confirmed by respondent No.3 are hereby quashed and set aside. Rule is made absolute accordingly. Direct service is permitted. [M.D. SHAH, J.] msp