Allowed

Divyaben W/O Ashokbhai Parbatbhai Odedara v. State of Gujarat

Gujarat HC13 Jul 2022SCR.A/1326/2021

Case brief

AI extract

What is this about?

The High Court of Gujarat allowed a special criminal application challenging an externment order. The court quashed the order because the authority relied on pending FIRs rather than convictions, failed to consider two exhibits, and lacked findings for externment from contiguous districts under the Prohibition Act.

What did the court decide?

Impugned judgment and order dated 04.01.2021 passed by Sub-Divisional Magistrate, Porbandar is quashed and set aside.

Divyaben W/O Ashokbhai Parbatbhai Odedara Vs… — Public Procurement and Tenders | Gujarat HC (2022)

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R/SCR.A/1326/2021 ORDER DATED: 13/07/2022

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/SPECIAL CRIMINAL APPLICATION NO. 1326 of 2021

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========================================================== DIVYABEN W/O ASHOKBHAI PARBATBHAI ODEDARA

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Versus

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STATE OF GUJARAT

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Appearance:

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MR PRATIK Y JASANI(5325) for the Applicant(s) No. 1 for the Respondent(s) No. 2,3,4 MS KRINA CALLA APP for the Respondent(s) No. 1

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CORAM: HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE Date : 13/07/2022 ORAL ORDER

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1. Heard learned advocates for the respective parties.

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2. The present petition impugns judgment and order dated 04.01.2021 passed by Sub-Divisional Magistrate, Porbandar externing the petitioner herein for six months from Porbandar, Junagadh, Jamnagar, Gir Somnath, Rajkot and Devbhoomi Dwarka districts.

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3. Learned advocate Mr. Pratik Jasani for the petitioner submits that the impugned order has been passed under Section 56(c) of the Gujarat Police Act. He submits that the impugned order has taken into account eight FIRs registered against the petitioner, however the impugned order does not record the statement of any independent witness in that area in respect of offence registered against the petitioner. Further, it is the case of the petitioner that all the FIRs are registered at Udhyognagar Police Station, Porbandar and there is no evidence on record or any material to suggest that the petitioner is operating at any other place in Porbandar or contiguous districts from where she has been externed as per the impugned order. It is therefore submitted that the impugned order be quashed and set aside.

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Page 1 of 2

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R/SCR.A/1326/2021 ORDER DATED: 13/07/2022

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4. Per contra, learned APP Ms. Krina Calla for the State submits that the impugned order records about various illegal activities being indulged into by the petitioner. She is in illicit trading of selling the liquor. The FIR is registered at Udhyognagar Police Station, Porbandar and therefore, the authority has rightly externed her from Porbandar District as well as from contiguous districts.

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5. This Court has gone through the record and the contentions raised by learned advocates for the parties.

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6. It is seen that all the FIRs are registered at Udhyognagar Police Station, Porbandar. Out of the said FIRs, two FIRs at serial No.2 and serial No.7 have not been proved as per the externment order. A bare perusal and reading of Section 57 mandates that a person has to be convicted thrice for any offence within three years under the Prohibition Act. In the present case, there is no conviction under the Bombay Prohibition Act and all that has been relied upon are the FIRs which are pending trial. Further, the externing authority has not recorded any finding or satisfaction with respect to externing the petitioner from contiguous districts. There is nothing on record to suggest that the petitioner is operating in other districts from where she is externed.

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7. For the aforesaid reasons, the present petition is allowed. Impugned judgment and order dated 04.01.2021 passed by Sub-Divisional Magistrate, Porbandar is quashed and set aside. Rule is made absolute to the aforesaid extent. There shall be no order as to costs.

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(ANIRUDDHA P. MAYEE, J.)

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cmk

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Divyaben W/O Ashokbhai Parbatbhai Odedara v. State of Gujarat

Case brief

What is this about?

What did the court decide?

Divyaben W/O Ashokbhai Parbatbhai Odedara v. State of Gujarat

Case brief

What is this about?

What did the court decide?

What the court decided

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