SABIRHASAMBHAI CHANAKIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner was externed from the districts of Rajkot City, Rajkot Rural, Somnath, Morbi, Botad, Devbhumi Dwarka, Jamnagar, Porbandar, Amreli, Surendranagar, Bhavngar, Kutch North and South and Junagadh District for a period of two years by virtue of order passed on 30.4.2015 by the Sub Divisional Magistrate, Gondal in exercise of powers under sections 56(b) of the Gujarat Police Act ("the Act" for short). Moreover, the petitioner had preferred an appeal under Section 60 of the Gujarat Police Act being externment Appeal No.191 of 2015 before the Competent Authority and the authority passed order dated 16.9.2015 by modifying the order of externment of the petitioner and externed him from Rajkot City, Rajkot Rural, Morbi District for a period of one year. 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.) 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.