R/SCR.A/5526/2026 ORDER DATED: 13/08/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (AGAINST ORDER OF EXTERNMENT) NO. 5526 of 2026 ========================================================== VALLABHBHAI MITABHAI VAJELIYA Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MR KISHAN K NAYI(13080) for the Applicant(s) No. 1 MS JIRGA JHAVERI, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER Date : 13/08/2026 ORAL ORDER 1. This petition is filed by the petitioner praying for quashing and setting the order of Externment dated 01.03.2026 passed by respondent no.2 externing the petitioner from Rajkot City and Rajkot Rural for a period of six months, in purported exercise of the powers under the Gujarat Police Act, 1951. 2. Heard learned advocate for the petitioner and learned APP for the respondent-state. 3. Learned advocate for the petitioner has submitted that the impugned order of externment is based on registration of two FIRs being C.R.No.11208058240168 of 2024 registered with Airport Police Station, Rajkot City and C.R.No.11208058250130 of 2025 registered with Airport Police R/SCR.A/5526/2026 ORDER DATED: 13/08/2026 Station, Rajkot City. Both the offences were registered under Section 65(a)(a) of the Prohibition Act. 4. He further submitted that the order of externment is of six(6) months, out of which, more than 5 months are already completed. He, therefore, prayed that considering the same, the order of externment of six months be modified to the period already completed and the impugned order be set aside. 5. As against that, learned APP has submitted that looking to the peculiar facts of the case, appropriate order may be passed. 6. Having heard the learned advocates for the parties and having considering the material on record, more particularly, the fact that more than five months have already been over from the date of passing of the impugned order of externment, this Court is of the opinion that this petition is required to be partly allowed, without entering into the merits of the case, by modifying the impugned order to a period already undergone instead of 6(six) months, to which, the learned advocate for the petitioner does not have any objection. Page 2 of 3 R/SCR.A/5526/2026 ORDER DATED: 13/08/2026 6. Considering the facts of the present case and the consent given by the learned advocate for the applicant, this Court deems it fit to exercise the powers under Article 226 of the Constitution of India, without elaborately considering the merits of the case. 7. In view of the above, this petition is disposed of by modifying the impugned order to the period already undergone. (SANJEEV J.THAKER,J) SRILATHA Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: SRILATHA VENKATARAO UPADHYAYULA(HC00185), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 13/08/2026 18:03:40