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VINAY JOSHI
Suraj – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
M.N.Ali, Advocate, H.D.Dubey, Advocate

JUDGMENT

1. Rule. Rule made returnable forthwith. Heard finally by consent of the learned counsel appearing for the rival parties.

2. The externment order dtd. 28/12/2021, externing petitioner for a period of two years from the entire Wardha District is subject matter of challenge along with the order of dismissal of appeal by the Divisional Commissioner. The order of externment has been passed in terms of Sec. 56(1)(a)(b) of the Maharashtra Police Act, 1951.

3. The Authority has based the order of externment on total eight offences registered against petitioner during the period from the year 2016 to 2021 along with one prohibitory action. The impugned action has been challenged on the grounds namely :

    (a) The petitioner was acquitted in the offence at serial No.2 however, that has been considered.

      (b) Offences at serial Nos.1 to 5 are registered during the period from the year 2016 to 2018 however, those stale offences are considered.

        (b) The offences at serial Nos.2, 4 and 5 are under the Maharashtra Prohibition Act, 1949, Maharashtra Police Act, 1951 and therefore, they are irrelevant in view of requirements specified under Sec. 56(1) of the Act, and

          (c) The Authority has not recor

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