RAKESH NATWARBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Learned APP Mr. K. L. Pandya waives service of rule on behalf of the respondents. The present petitioner has challenged the order passed by the Deputy Commissioner, Zone-2, Surat, dated 16. 3. 2009 externing the petitioner for a period of two years from the areas of Surat City, Surat Rural, Bharuch, Narmada, Tapi, Navsari and Valsad on the basis of two offences under the provisions of the Bombay Prohibition Act which was registered against him. The said order was challenged by the petitioner before the Addl. Secretary, Home Department, Govt. of Gujarat, by way of filing appeal being Externment Appeal No. 75 which was also dismissed by the said authority by his order dated 30. 9. 2009. Both these orders under challenge in this Special Criminal Application.

(2.) LEARNED advocate for the petitioner submitted that only two offences are registered against the petitioner under the Prohibition Act. It is further submitted by him that the order dated 16. 3. 2009 is passed by the Deputy Commissioner of Police under Section 56 of the Bombay Police Act, 1951 which clearly shows that there is non application of mind and therefore, both the orders are required to be quashed and set aside. Relience is placed by the learned advocate on a decision rendered by this Court in Special Criminal Application No. 83 of 2009 decided on 18. 3. 2009 in the case of Kalavatiben Mukeshkumar Vadi v. State of Gujarat. In para 6 of the said judgment, it is held as under:

(3.) IN the opinion of this Court, the said decision squarely covers the facts of the case on hand and therefore, the petition is allowed and the impugned orders passed by both the authorities below are quashed and set aside. Rule is made absolute. D. S. permitted.