NAVINBHAI NANDLAL KAKKAD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE petitioner was externed from the districts of Rajkot City, Rajkot [Rural], Surendranagar, Jamnagar, Junagadh and Amreli for a period of two years by virtue of order passed on 24.01.2012 by the Deputy Police Commissioner, Rajkot City, in exercise of powers under sections 57(c) of the Gujarat Police Act ("the Act" for short). It was found that the petitioner-externee committed breach of that order. Therefore, Deputy Police Commissioner, Rajkot City, passed an order on 23.07.2013 against the petitioner-externee in exercise of section 62(2) of the Act and directed that the petitioner be arrested and kept police custody at Godhra jail. It is this order, that has given cause for the present petition which is filed by the petitioner.

(2.) THE petition is based mainly on the ground that the order is ex-facie illegal, passed without jurisdiction and outcome of of misreading of the provisions of the law.

(3.) LEARNED advocate Ms.S.G. Patel for the petitioner has relied upon the following judgments [i] Rameshji Panchaji Thakore v/s. State of Gujarat reported in 2000 [3] G.L.H. 280, [ii] Gopaslji Laxmanji Rathod v. State of Gujarat reported in 2001 [3] G.L.R. 2663 and [iii] judgment rendered by this Court in Special Criminal Application no.603 of 2006 dated 21/7/2006.