Pramod vs State of Maharashtra and Another

M.L. Tahaliyani, J.—Heard learned Counsel Shri R.R. Vyas for the petitioner and learned Additional Public Prosecutor Shri A.D. Sonak for the respondents. Rule. Rule returnable forthwith by consent of learned Counsel for the parties.

In view of the judgment of this Court in Criminal Writ Petition No. 520/2012, the order passed by the Deputy Commissioner of Police, Zone 4, Nagpur City, Nagpur cannot be sustained. The impugned order of externment is mainly based on the cases pending against the petitioner under Bombay Prohibition Act. This Court in Criminal Writ Petition No. 520/2012 has quoted the judgment of this Court in the case of Ashok Kashinath Kale Vs. Ravindra Jadhav and Another, . The view taken by this Court is that conviction or pending criminal cases under the Bombay Prohibition Act would undoubtedly be foreign to Section 56 of the Bombay Police Act. In view thereof, the petition succeeds. The impugned order passed by the Deputy Commissioner of Police, Zone 4, Nagpur City, Nagpur in Externment Case No. 10/2013 dated 21st March, 2013 is set aside.

Rule is made absolute in the above terms.