INTIYAZALI SALIMUDDIN SAIYED Vs. DEPUTY POLICE COMMISSIONER BARODA

JUDGEMENT

(1.) The petitioner has prayed for issuance of a writ of certiorari for quashing and setting aside the orders dated June 22 1984 and January 3 1985 passed by the respondents and they are Annexures B and C respectively to the main petition.

(2.) The short facts of the case are that the petitioner has been externed under 23 Section 57 (c) of the Bombay Police Act 1951 from the areas of Baroda City Baroda (Rural) Kaira Panchmahals and Broach Districts. This is because of the fact that the petitioner committed offence punishable under Section 12-A of the Gambling Act and was convicted for four times with a fine of Rs. 15/- Rs. 20/- Rs. 30/- and Rs. 50/- on 2 7 11 and 1-10-81 respectively. The authorities concerned felt that the petitioner will again indulge in such offence and will continue the offending activities and will create an atmosphere of terror and danger amongst the citizens. Having these facts in view the authorities concerned on 21 issued a notice under Section 57 (c) of the Bombay Police Act 1951 read with Section 59 alleging as under : You are doing and encouraging gambling activity by playing rummy under Section 12 of the Prevention of Gambling Act in Makarpura Police Station area. In spite of the fact that during the period of three years you have been convicted as follows under Section 12 of the Gambling Act and still you are not leaving the gambling activity and you are continuing the said activity and this anti-social has created terrorism in the society and atmosphere of danger and terror. 1 Makarpura Police Station G.R. No.104/80 Gambling Section 12-A dated 2 T.R.C. Rs. 15/- fine or 7 days imprisonment in default. 2 Makarpura Police Station G.R. No. 61/81 Gambling Section 12-A dated 7 TRC Rs. 20/- fine or 7 days imprisonment in default.

(3.) Makarpura Police Station G.H. No. 123/80 Gambling Section 12-A dated 11 T.R.C. Rs. 30/- fine or 5 day imprisonment in default. 4 Makarpura Police Station G.R. No. 15/81 Gambling Section 12-A dated 1 T.R.C. Rs. 50/- fine or 5 days imprisonment in default. 3 It is also mentioned in this notice that the authorities propose to extern the petitioner for a period of two years from the areas of Baroda City Baroda (Rural) Kaira Panchmahals and Broach Districts or else the petitioner may continue his gambling activity both at Baroda City and its contiguous area with the help of his associates. After receiving the reply from the petitioner herein the externment order was passed on 22-6-84 mentioning the convictions referred to above and also stating that the Deputy Police Commissioner Baroda City is satisfied that the petitioner will again indulge into such offence and continue his offending activities and create an atmosphere of terror and danger amongst the citizens. Against this order of externment the petitioner herein preferred an appeal to the Government under Section 60 of the Act and the Government by its order dated 3-1-1985 confirmed the order of externment passed by the Deputy Police Commissioner Baroda City. It is against this order of the Deputy Police Commissioner Baroda City and also the appellate order of the Government dated June 22 1984 and January 3 1985 respectively that the petitioner is before us.