MER BHIMA MERU GORANIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Sub-Divisional Magistrate, Porbandar, issued a notice under Section 59 of the Bombay Police Act on July 6, 1998 to the petitioner, calling upon him to show cause as to why he should not be externed for a period of two years from the districts of Porbandar, Jamnagar, Junagadh, Rajkot (Rural), Rajkot City and Amreli, on account of allegations made against the proposed externee in the notice. After a reply to the notice was given by the proposed externee/petitioner, inquiry under Section 59 of the Bombay Police Act was conducted and, ultimately, the impugned order came to be passed by the Sub-Divisional Magistrate, Porbandar, on May 10, 1999, externing the petitioner for a period of two years from the Districts of Porbandar, Jamnagar, Junagadh, Rajkot City and Rajkot (Rural).

(2.) The said order was carried in appeal under Section 60 of the Bombay Police Act. The said appeal came to be dismissed. The above referred two orders have given rise to the present petition, whereby the petitioner challenges the order of externment as well as the order of dismissal of appeal on various grounds. However, Mr. Ashish D. Oza, learned advocate appearing for the petitioner, submitted that the order is bad on account of externing the petitioner from contiguous districts in absence of any reason. He also contended that the externing authority as also the appellate authority have not considered the depositions of witnesses examined by the petitioner in the inquiry under Section 59 of the Bombay Police Act and, therefore, the order is bad and the same may be quashed.

(3.) Mr. K.T. Dave, learned Additional Public Prosecutor, has opposed this petition.