ABDULKADAR IBRAHIM SHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned APP waives service of notice of rule for and on behalf of the respondent-State.

(2.) The present writ petition has been filed for the following relief:

(3.) Learned advocate Mr.Dave appearing for the petitioner has submitted that the petitioner was served with the show-cause notice dtd. 25/6/2021 under Sec. 59(c) of the Gujarat Police Act, 1951 (for short "the G.P.Act") to show cause why he should not be externed for a period of two years from the areas of Bharuch District and contagious districts i.e. Surat City, Vadodara, Narmada and Anand. He has submitted that the petitioner denied the allegations made in the said show-cause notice and he has also examined witnesses in his defence and filed written argument however, the petitioner was sought to be externed for a period of two years by the order dtd. 27/1/2021. He has submitted that against the externment order, the petitioner filed an appeal under Sec. 60 of the G.P.Act and by the order dtd. 25/10/2021, the externment order has been modified to the extent of externing the petitioner from Bharuch District. He has submitted that the externment order has been passed by placing reliance upon the statements of the witnesses as well as three offences registered under the Gujarat Prohibition Act, 1949 (for short "the Prohibition Act ") and one offence registered under the Gujarat Prevention of Gambling Act, 1887 (for short "the Gambling Act ").