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IN THE HIGH COURT OF JUDICATURE AT BOMBAY (NAGPUR BENCH)
M.L. TAHALIYANI, J.
Smt. Surekha Wd/o. Paras Waghmare
Vs.
State of Maharashtra & Anr.
Criminal Writ Petition No. 172 of 2013
Decided on: 12th June, 2013
Pendency of cases under Bombay Prohibition Act, cannot be basis for passing an externment order.
1. Heard.
2. Rule. Rule made returnable forthwith. Heard finally by consent of learned counsel for both the parties.
3. The applicant has been extended from the local limits of Nagpur District on the basis of pendency of cases under the Bombay Prohibition Act. This Court has repeatedly held that the externment order cannot be passed on the basis of pendency of cases under the Bombay Prohibition Act.
4. In view thereof, the writ petition is allowed. Order dated 5th March, 2013 passed by Deputy Commissioner of Police, Zone-IV, Nagpur is set aside.
Rule made absolute accordingly.
Petition allowed.
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