This petition under Article 226 of the Constitution of India has been filed for quashing and setting aside the order dated 14-12-2011 passed by the respondent No.2, Deputy Commissioner of Police, Zone-2, Ahmedabad City, externing the petitioner for a period of two years.
The facts in short are that a notice was issued in May, 2011 on the petitioner by the Presiding Officer and Additional Police Commissioner, "F' Division, Ahmedabad City, to show cause as to why he may not be externed for a term of two years from Ahmedabad City, Ahmedabad Rural, Gandhinagar, Kheda and Mehsana, for the reasons mentioned therein. He filed his reply denying the allegations. However, order of externment was passed on 14-12-2011 externing the petitioner for two years from Ahmedabad and contiguous areas. It is submitted that since the petitioner was unaware of the provisions of appeal, he did not prefer the appeal and when came to know of the said provisions, time to prefer appeal was over. Hence, the present petition is filed.
Heard learned advocate for the petitioner, Mr.H.R.Prajapati and learned APP, Mr.L.B.Dabhi for the respondent No.1-State.
Learned advocate for the petitioner has raised so many contentions in his petition. However, at the time of arguments, he has restricted his arguments on the period of externment. It is submitted by learned advocate for the petitioner that the petitioner has been convicted for the offence punishable under the Indian Penal Code and also under the Bombay Prohibition Act. It is further submitted that the petitioner has the responsibility of maintaining his whole family. It is further submitted that since the order externing the petitioner, no untoward incident was reported. It is ultimately requested that the period of externment may be reduced from two years to one year.
It is to be noted that the learned advocate for the petitioner has restricted his arguments only on the point of period of externment. Hence, I would not like to reproduce or discuss the entire evidence which are on record as the same remained unchallenged. Considering the aforesaid peculiar facts and circumstances of the case, this Court is of the opinion that interest of justice will be met if the period of externment imposed on the petitioner is reduced from two years to one year.
In view of the above, the petition is partly allowed. Order dated 14-12-2011 passed by the respondent No.2-Deputy Commissioner of Police, Zone-2, Ahmedabad City, is hereby modified and the period of externment is reduced from two years to one year. Rest of the order passed by the respondent No.2 would remain unaltered. Direct service is permitted.
(M.D.SHAH,J.) radhan Top