High Court of Gujarat

VALLABHBHAI MITABHAI VAJELIYAversusSTATE OF GUJARAT

Disposal: 56-DISPOSED AT ADMISSION STAGE
Bench: SANJEEV THAKER

Holding

The court modified the six‑month externment order to the period already completed, without addressing the merits of the case.

Summary

Vallabhbhai Mitabhai Vajeliya challenged a six‑month externment order dated 01‑03‑2026, issued under the Gujarat Police Act, 1951, on the basis of two FIRs under Section 65(a)(a) of the Prohibition Act. More than five months of the externment had already elapsed, and the petitioner sought modification of the order to reflect the period already served. The State opposed, arguing that the court could pass an appropriate order given the facts. The High Court, invoking its jurisdiction under Article 226, partially allowed the petition without delving into the merits and modified the externment order to the period already completed. Consequently, the petition was disposed of by adjusting the order rather than setting it aside entirely.

Issues considered

Whether the six‑month externment order can be modified after the majority of the period has already been served.
Whether the High Court may exercise its jurisdiction under Article 226 to alter the externment order without examining the merits of the underlying case.

Legislation cited

Gujarat Police Act, 1951

Subjects

ExternmentGujarat Police ActProhibition ActArticle 226Special Criminal ApplicationHigh Court order modification

Judgment

     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


                                          Page 1 of 3
     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




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