VASIM Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE . Learned APP waives service of rule for respondent No. 1 -State.

(2.) THE petitioner was externed from the districts of Surat(Rural), Navsari, Valsad, Tapi, Dang, Bharuch and Narmada for a period of two years by virtue of order passed on 4.2.2014 by the Deputy Police Commissioner, Surat 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, Surat City, passed an order on 21.03.2013 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 Porbandar jail. It is this order, that has given cause for the present petition which is filed by the petitioner.

(3.) ATTENTION of this Court is drawn to section 62 of the Act and it is stated that the power with which the authority is invested is only of causing the breaching externee arrested and removed in police custody to a place outside the area as the authority may prescribe. In the instant case, the authority has caused the petitioner arrested and has placed him in Porbandar jail for a period upto 05.02.2016 from 05.02.2014 and, therefore, the order is without jurisdiction and in gross misreading of the provisions of law.