KISHANBHAI BABUBHAI RATHOD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India is filed against the proceedings and the order of externment of passed by the respondent no.3 dtd. 3/9/2018 being RB/HDP/32/2018, which came to be confirmed in an Appeal vide order dtd. 4/2/2019 passed in Hadpari Appeal No.180 of 2018 by the respondent no.2.

(2.) At the outset, learned advocate appearing for the petitioner has submitted that the order of externment was stayed by this Court vide order dtd. 14/12/2019, and thereafter, the trials of the 2(Two) cases, which were the basis for the externment proceedings came to be concluded and the petitioner has been now acquitted of such offences.

(3.) Learned advocate for the petitioner has submitted that though the offences registered against the petitioner, which are the basis of externment proceedings were pertaining to Prohibition Act . Despite this, the show-cause notice was issued under Sec. 56(A)(b) of the Act treating the petitioner to be a dangerous person, and therefore, from the inspection, there is policy against the petitioner.