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2023 Supreme(Guj) 118

NIKHIL S. KARIEL
Sangrambhai Gelabhai Bharwad – Appellant
Versus
State Of Gujarat – Respondent


Advocates Appeared:
For the Applicant : Mr Hitesh P. Prajapati, Mr. Kishan Prajapati.
For the Respondent: Ms. Asmita Patel.

JUDGMENT :

1. Heard learned Advocate Mr. Kishan Prajapati on behalf of the applicant and learned Additional Public Prosecutor Ms. Asmita Patel on behalf of the respondent- State.

2. Rule returnable forthwith. Learned APP waives service of rule on behalf of the respondent no.1- State.

3. By way of this application the applicant challenges orders dated 21.12.2022 confirming an order dated 05.09.2022 passed by the Assistant Commissioner of Police, “L” Division, Ahmedabad City whereby the present applicant had been externed from Ahmedabad City as well as other contiguous districts. By way of the later order i.e. order dated 21.12.2022 the Appellate Authority while modifying the order insofar as the said order externs the present applicant from the contiguous districts, confirms the order insofar as the externment from Ahmedabad District is concerned.

4. Learned Advocate Mr. Prajapati on behalf of the applicant would submit that the order of externment and order passed by the appellate authority, do not reflect any application of mind. Learned Advocate would further submit that both the orders do not reflect subjective satisfaction arrived at by the authority on basis of objective materi

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