BHANUBEN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition, the petitioner has challenged the order dated 8.4.2010 passed by the respondent No.2 in Externment Case No.17/2009-10 as also the order dated 2.6.2010 passed by the respondent No.3 in Exernment Appeal No.61/2010.

(2.) Learned advocate Mr. Tolia for the petitioner has contended that the notice was served upon the petitioner and therefore, he appeared before the Sub-Divisional Magistrate, Keshod and said Magistrate has not considered the case of the petitioner and passed the order dated 8.4.2010, whereby the petitioner is externed the applicant from Junagadh District, Rajkot City & Rural areas and from Amreli, Porbandar & Diu Districts for six months, considering the six offence under Sections 66(B), 65(e)(f) of the Bombay Prohibition Act. Against the said order, the petitioner has preferred an Appeal before the learned Secretary, Home Department, Gandhignar, whereby he has confirmed the order of the learned Magistrate by passing order dated 2.6.2010. He also submitted that both the orders are illegal, unjust and arbitrary and the same are required to be quashed and set aside. Both the Authorities have passed the said order without appreciating the evidence on record and without affording any opportunity of hearing to the petitioner. Therefore, the same are required to be quashed and set aside.

(3.) Learned APP Mr. Desai has strongly opposed the petition and contended that the applicant is involved serious offences punishable under the Bombay Prohibition Act. Besides six cases, the applicant is involved in the three Chapter Cases. Therefore, the petition is required to be dismissed.