PANKAJ Vs. STATE OF GUJARAT

JUDGEMENT

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

(2.) The present petition has been filed seeking quashing and setting aside the order dtd. 24/3/2022 passed by the respondent no.1 confirming the externment order externing the petitioner from the territory or Ahmedabad city on 28/12/2021 passed by the respondent no.2. The petitioner was served with show cause notice dtd. 7/10/2021 issued by the respondent no.2 calling upon him as to why he should not be externed from Ahmedabad City, Rural and surrounding districts i.e. Kheda, Mehsana and Gandhinagar for a period of 2 years. The petitioner accordingly filed his reply and examined the witnesses in his favour. By the order dtd. 28/12/2021, the petitioner has been externed from Ahmedabad City, Rural and surrounding districts i.e. Kheda, Mehsana and Gandhinagar. Being aggrieved, the petitioner preferred an appeal being Externment Appeal No.1 of 2022 under Sec. 60 of the Gujarat Police Act, which was partly allowed by the order dtd. 24/3/2022, restricting him qua the territory of Ahmedabad City.

(3.) Learned advocate Mr.Modi appearing for the petitioner has submitted that the respondent authorities have placed reliance on the statements of 10 witnesses, which are unspecific and no details are provided for externing the petitioner from Ahmedabad district. It is submitted that three offences registered against the petitioner under the provisions of Ss. 325 , 323 , 324 and 294A of the Indian Penal Code, 1860. It is submitted by him that merely because 3 FIRs are registered, the petitioner cannot be termed as so dangerous, who can disturbed the public tranquility at large. Thus, it is submitted that the impugned order may be set aside.