RAJESH ALIAS MANGOUDI Vs. STATE OF M P

JUDGEMENT

(1.) By this petition filed under Article 226 of the Constitution of India, the petitioner is seeking the following reliefs :-

(2.) The contention of learned Counsel for petitioner is that order dated 21-7-2010 passed by the District Magistrate, Sagar passing the order of externment against the petitioner under the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990 (in short "Adhiniyam") has been affirmed by the Commissioner, Sagar Division, Sagar who is Appellate Authority. Learned Counsel further submits that there is absolutely no material on record to pass such type of harsh order against petitioner. Learned Counsel has invited my attention to Section 5 of the said Adhiniyam and has submitted that before passing any order by the District Magistrate, he has to satisfy that there are reasonable grounds for believing that petitioner is engaged in the commission of offence involving force and violence or an offence under Chapter XII, XVI or XVII or under Section 506 or 509, IPC. Learned Counsel further submits that provisions of Essential Commodities Act is not included under this Section and, therefore, impugned order which has been passed by the District Magistrate and affirmed by Appellate Authority is bad in law.

(3.) On the other hand, Shri Verma, learned Government Advocate argued in support of impugned order and submitted that an offence has been registered under Section 506 later part of IPC and therefore, provision of Section 5 has been rightly triggered and set in motion. Learned Government Advocate further submitted that charge-sheet for offence under Crime No. 133/1998 was filed on 27-4-1998 and in this regard learned Government Advocate has invited my attention to Para 3 of the return.