MAGANBHAI LADHARABHAI PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present petition, the petitioner seeks quashing and setting aside the impugned order dtd. 5/7/2021 passed in MJS/HDP Case Reg. No. 02/2021 passed by the Sub-Divisional Magistrate, Chotila Sub-Division, Chotila.

(2.) It is the case of the petitioner that by the impugned order dtd. 5/7/2021 passed by the Sub-Divisional Magistrate, Chotila Sub Division, Chotila, the petitioner has been externed for a period of two years while resorting to the provisions of Sec. 56(b) of the Gujarat Police Act, 1951 (for shot, "the G.P. Act") for externing him from Surendranagar and its surrounding districts being Ahmedabad Rural, Botad and Morbi districts. The order reflects that the petitioner has been externed in view of the registration of three FIRs under the Bombay Prohibition Act. Even no statement of witnesses are recorded while passing the impugned order.

(3.) Learned advocate Mr. Chavda, appearing for the petitioner has submitted that the impugned order is required to be quashed and set aside, since no statements of the witnesses are recorded and three offences mentioned therein pertain to the Prohibition Act and the petitioner has been ordered to be externed for two years while resorting the provisions of Sec. 56(b) of the G.P. Act, externing him from Surendranagar and its surrounding districts being Ahmedabad Rural, Botad and Morbi districts. It is submitted by him that the petitioner cannot be said to be a dangerous person, who would enhance and provoke the anti-social activities.