MOHSINBHAI ABDULBHAI QURESHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present petition has been filed seeking quashing and setting aside the impugned order dtd. 26/11/2020 passed by the Additional Secretary, Home Department, Gujarat State, Gandhinagar in Externment Appeal No.58 of 2020 under the provisions of Sec. 56(a) & (b) of the Gujarat Police Act, 1951, (for short, "the G.P.Act."). By the impugned order, the respondent No.2 has partly confirmed the order passed by the Sub- Divisional Magistrate, Dhrangandhra at Surendranagar dtd. 12/6/2020 and externed the petitioner from the limits of Surendranagar, Ahmedabad, Patan and Morbi for two years and set aside the order passed by the respondent No.3 of externing the petitioner from the districts of Rajkot, Botad and Kachch in Externment Appeal No.58 of 2020.

(2.) The respondent No.3 served the notice dtd. 7/4/2020 under Sec. 59 of the G.P. Act, asking his explanation of the petitioner, as to why he should not be extended from the limit of Surendranagar as well as other contiguous districts i.e. Rajkot, Botad, Ahmedabad, Patan, Morbi and Kachchh for a period of two years. The petitioner, accordingly filed his defence and thereafter, he has been externed for two years from the districts of Surendranagar, Rajkot, Botad, Ahmedabad, Patan, Morbi and Kachchh by the order dtd. 12/6/2020 passed by the Sub-Divisional Magistrate, Dhrangadhra. Being aggrieved by the order, the present petitioner challenged before same to the Additional Secretary, Home Department vide Externment Appeal No.58 of 2020, which was partly allowed and the externment of the petitioner was confined to the districts i.e. Surendranagar, Ahmedabad, Patan, Morbi, barring the Rajkot, Botad and Kachchh districts.

(3.) Learned advocate Mr.Lokhandwala, appearing for the petitioner has submitted that the authorities below have placed reliance on the registration of three FIRs, (i) one FIR under the provisions of the Indian Penal Code , 1860, ( IPC ) and of the G.P. Act and (ii) two FIRs under the provisions of the Gujarat Prohibition Act. It is submitted by him that the petitioner has been acquitted in two offences, i.e. under the provisions of Ss. 427 , 506 (2) and 114 of the IPC and Sec. 135 of the G.P.Act, registered at the Dhrangandhra Police Station, It is submitted that merely because the registration of 3 FIRs, one under the Prohibition Act and two under the IPC offences, it cannot be said that the petitioner is a dangerous person, who can disturb public peace at large.