RAMESHJI PANCHAJI THAKORE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) .Rule Mr.K.T.Dave, learned A.P.P., waives service of rule.

(2.) . The petitioner was externed from the districts of Banaskantha, Mehsana, Sabarkantha and Kachchh for a period of two years by virtue of order passed on 11th December, 1998 by the Sub-Divisional Magistrate, Palanpur, in exercise of powers under Secs. 56(b) of the Bombay Police Act ("the Act" for short). It was found that the petitioner-externee committed breach of that order and entered Banaskantha district. Therefore, Sub-Divisional Magistrate, Palanpur passed order on January 24, 2000 against the petitioner-externee in exercise of Sec. 62(2) of the Act and directed that the petitioner be arrested and kept in police custody at Porbandar Jail. It is this order, that has given cause for the present petition which is filed by the petitioner through Jail.

(3.) . The petition is based mainly on the ground that the order is ex-fade illegal, passed without jurisdiction and outcome of misreading of the provisions of the Jaw.