SCR.A/2409/2007 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CRIMINAL APPLICATION No. 2409 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 ? ========================================================= MUNNIBEN MAHESHBHAI CHUNARA - Applicant(s) Versus STATE OF GUJARAT & 1 - Respondent(s) ========================================================= Appearance : MR ASHISH M DAGLI for Applicant(s) : 1, Mr L R Pujari, Addl.PUBLIC PROSECUTOR for Respondent(s) : 1, RULE SERVED for Respondent(s) : 2, ========================================================= CORAM : HONOURABLE MR.JUSTICE MD SHAH Date : 03/04/2008 ORAL JUDGMENT 1. Heard the learned advocate for the applicant and the learned APP for the respondents. SCR.A/2409/2007 2/3 JUDGMENT 2. This petition has been filed by the petitioner- externee for quashing and setting aside the order of externment dated 20.6.2007 passed by the Deputy Police Commissioner, Zone-4, Ahmedabad City whereby the petitioner-externee came to be externed from the limits and jursidiction of the Police Commissioner, Ahmedabad City, Ahmedabad Rural, Gandhinagar, Mehsana and Kheda districts for a period of one year as well as the order passed by the Appellate Authority - Additional Secretary, Home Department, Sachivalaya, Gandhinagar dated 21.11.2007 confirming the said order in appeal. 3. Against the said order of externment passed by the respondent No.2, the present petitioner has preferred appeal before the Secretary, Home Department. The Addl. Secretary, Home Department, by its order dated 21.11.2007, partly allowed the appeal of the petitioner. Both the above orders are challenged by the petitioner in this petition under Article 226 of the Constitution of India. 4. While perusing the order passed by the Appellate Authority, it seems that without application of mind, the order is passed. As far as the order dated 20.6.2007 passed by the externing authority is concerned, the externment order is passed for a period of one year against the petitioner, while in final order passed by the Appellate Authority, it is held that “the appeal is partly allowed and the order passed by the Dy. Police Commissioner is modified and the period of externment was reduced from two years to one year, which clearly shows SCR.A/2409/2007 3/3 JUDGMENT non-application of mind on the part of the Appellate Authority. 5. Even otherwise, it is held by the Appellate Authority that the petitioner is not a strong headed person. It is also held by the Appellate Authority that after issuing the notice, nine months' delay was caused in passing the order of externment. Taking into consideration the findings of the Appellate Authority, the impugned order of externment passed by the Dy.Commissioner of Police, Sachivalaya, Gandhinagar as well as the order passed by the Appellate Authority are required to be quashed and set aside. 6. In the result, this Special Criminal Application is allowed. The impugned order of externment passed by the Externing Authority dated 20.6.2007 as well as the order dated 21.11.2007 passed by the Appellate Authority are quashed and set aside. Rule is made absolute accordingly. Direct Service is permitted. [M.D. SHAH, J.] msp