HASMUKHBHAI SHANTILAL DAVE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present petition under Article 227 of the Constitution of India is filed for the purpose of challenging the legality and validity of the order of externment dated 31.05.2018 passed by the respondent authority.

(2.) It is the case of the applicant that on the basis of two offences which are alleged against him, a notice was issued by the respondent authority under Section 59(1) of the Bombay Police Act (the "Act" for short) seeking externment of the petitioner from the area which has been mentioned in the notice. The applicant was called upon to show cause as to why an ultimate action of externment cannot be taken against him. As a result of this on 14.02.2018, the applicant has submitted his reply before the authority concerned. Ultimately, on 31.05.2018 an order is passed by the Sub ?Divisional Magistrate, Karjan after detailing dealing with each and every circumstance and calling upon the applicant to present himself along with the witness for the purpose of hearing and ultimately after considering the material which has been available on record, the competent authority vide order dated 31.05.2018 was pleased to pass an order and thereby the externment proposal has not been accepted and for keeping good behaviour solvency for a period of three years was demanded by exercising jurisdiction. Now it is this order dated 31.05.2018 is made the subject matter of occurrence before this Court by inviting extra ordinary jurisdiction.

(3.) This matter was taken up for hearing pursuant to the rule having been issued of very short duration in which at the time of hearing, learned advocate Ms. S.G. Patel appearing for the applicant has vehemently contended that once the authority has arrived at a satisfaction that no externment is necessary, then it is not open for the authority to demand bond from the applicant. It has further been contended that there is no power under section 117 of the Code of Criminal Procedure, 1973 to seek bond and therefore, the authority has exercise power beyond the scope of its jurisdiction.