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2007 Supreme(Bom) 461

C.L.PANGARKAR
Ramrao Jairam Rathod – Appellant
Versus
Sub-Divisional Officer, Murtizapur, Distt. Akola – Respondent


Advocates appeared
Mr. Anil Mardikar, Advocate, for the petitioner.
Mr. S.B. Ahirkar, Addl. Public Prosecutor for the respondent.

JUDGMENT:

1. This is a writ petition challenging the order of externment, passed by the Sub-Divisional Magistrate, Murtizapur under the Bombay Police Act.

2. The facts giving rise to this writ petition are as follows - Petitioner is the resident of village Sanjapur, Distt.Akola. The Sub-Divisional Magistrate, Murtijapur issued a show cause notice on 2/8/2005 to the petitioner as to why he should not be externed out of Amravati, Akola, Washim, Yavatmal and Buldhana districts for a period of two years. In the said show cause notice, it was alleged that the petitioner was facing trial under various sections of the Indian Penal Code as well as offences under Section 66(i)b of Bombay Prohibition Act and preventive action under the Code of Criminal Procedure. It is alleged further that the petitioner has no apparent source of livelihood and his main source of earning is out of crime. The petitioner is in the habit of consuming liquor and he frequently disturbs the public peace. Due to his activities, people do not come forward to depose against him. Even though the petitioner was convicted in one offence, he has not taken lesson and has continued to commit such acts. The petitioner had fi







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