SCR.A/79/2008 1/4 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CRIMINAL APPLICATION No. 79 of 2008 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 ? ========================================================= ROBERT GOVINDBHAI CHRISTIAN - Applicant(s) Versus STATE OF GUJARAT & 2 - Respondent(s) ========================================================= Appearance : MS JAYSHREE C BHATT for Applicant(s) : 1, MR LR PUJARI APP for Respondents. ========================================================= CORAM : HONOURABLE MR.JUSTICE MD SHAH Date : 20/02/2008 ORAL JUDGMENT 1.0 Heard, Ms. Bhatt, learned Advocate for the petitioner-externee and Mr. Pujari, learned SCR.A/79/2008 2/4 JUDGMENT APP on behalf of respondents. 2.0 The externee has challenged the show cause notice dated 27.07.2006, externment order dated 16.06.2007 passed by the Deputy Police Commissioner, Ahmedabad-respondent No.3 as well as order dated 13.08.2007 passed by the Additional Secretary, Home Department, Sachivalaya, Gandhinagar-respondent No.2. 3.0 In the order dated 13.08.2007, the Appellate Authority-respondent No.2 in sub-Paras 2 to 4 and 6 of Para-3 has held as under, “(2) There are four offences registered against the externee in the year 2003 and 2005 at Meghaninagar Police Station. In the last two years there is no offence registered against the externee. (3) The externee is earning livelihood for his family by doing labour work. On perusal of the secret and independent statements of the past victims of the criminal activities of the externee, it doest not transpire that the externee is a headstrong and violent person and on account of that nobody is willing to depose against him and there are only four offences are registered SCR.A/79/2008 3/4 JUDGMENT against him. (4) The statements of witnesses are recorded in a casual manner. (6) There is delay of about ten months in passing the order of externment after issuance of notice. " 4.0 Thus, it can be seen that there is not sufficient material against the present petitioner to pass an order under Section 56(B)of the Bombay Police Act, 1950. It is also pertinent to note that no offence is registered with regard to the adjoining Districts for which also order is passed against the externee. Before passing order there should be subjective satisfaction with the authority that there is sufficient, cogent and credible material which suggest that the externee is a headstrong person and if order is not passed against the externee, then he will continue his illegal activities. Hence, in view of the above discussion, the order of externment as well as the order confirming the same in appeal are deserve to be quashed and set aside. SCR.A/79/2008 4/4 JUDGMENT 5.0 In the result, the application is allowed. The show cause notice dated 27.07.2006, externment order dated 16.06.2007 passed by the Deputy Police Commissioner, Ahmedabad-respondent No.3 as well as order dated 13.08.2007 passed by the Additional Secretary, Home Department, Sachivalaya, Gandhinagar-respondent No.2 are quashed and set aside. Rule is made absolute. Direct service is permitted. (M.D. Shah, J.) Umesh/