GOPALJI LAXMANJI RATHOD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard the learned Counsel for the parties.

(2.) This matter is sent by the petitioner from jail. In this petition he has challenged the order dated 28-9-2000 of the Sub-Divisional Magistrate at Mehsana under which he was ordered to be kept under police custody at Special Jail, Porbandar for two years from 24-7-2000. Sub-Divisional Magistrate, Mehsana under his order dated 24-7-2000 ordered for externment of the petitioner for two years from Districts Mehsana, Patan, Kheda, Banaskantha, Ahmedabad (Rural) and Gandhinagar. This order has been accepted by him as what Mr. Shah states that against this order, the petitioner has not filed any appeal. He violated the term of the order of extemment, meaning thereby, without prior permission of the authority, he entered in the prohibited area and the Sub- Divisional Magistrate at Mehsana while exercising powers as conferred upon him under sub-sec. (2) of Sec. 62 passed the impugned order.

(3.) Learned Counsel for the parties are in agreement that this order has been passed by Sub-Divisional Magistrate, Mehsana without furnishing to the petitioner a copy of the police report, Sr. No. 2 referred in the order and without giving notice and an opportunity of hearing. It is the contention of the learned Counsel for the respondents that when extemee enters in me prohibited area without prior permission of the authority, consequences thereof is to keep him in police custody and before passing of this order, the Act under which this order has been passed nowhere contemplates to give any notice and an opportunity of hearing to the extemee.