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2018 Supreme(Guj) 498

S.G.SHAH
SAIYED SHABBIR MUNIR SASIYED – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared:
For the Applicants : Mr. Kishan H. Daiya, Mr. Kishan Prajapati
For the Respondents: Mr. Manan Mehta

JUDGMENT :

1. Challenge in the present petition preferred under Articles 14, 21 and 226 of the Constitution of India is the show cause notice dated 12.5.2016 issued by the respondent - authority in show cause notice bearing No. RB/HDP/53/2016 under Section 56(A)(B) of the Bombay Police Act, 1951 (for short the Act).

2. Heard the submissions of learned advocates appearing for the petitioner and learned APP for the respondent State.

3. The petitioner challenged the impugned show cause notice on various grounds that show cause notice is issued without application of mind, wherein the externing authority has mentioned that the petitioner should be externed from districts of Surat Rural, Navsari, Bharuch, Tapi, and Valsad. No reason has been given in the show cause notice why, externment from these districts was proposed when the activity of the petitioner was confined only to District of Surat.

4. Another contention has been that no reason has been given in the show cause notice by the externing authority as to why the petitioner was externed from three districts mentioned above whereas, he is resident of District: Surat only. On all such grounds, learned advocate appearing on behalf of th





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