SMT. KESARBAI RANJIT BHAT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule is made returnable forthwith and heard finally with the consent of the learned counsel appearing for the parties.

(2.) The above Writ Petition, filed under Articles 226 and 227 of the Constitution of India, takes exception to the order dated 9th April 2021 passed by the Appellate Authority i.e. the Divisional Commissioner of Police, Pune City by which order the Appeal filed by the Petitioners came to be partly allowed and resultantly the period of externment mentioned in the externment order dated 31st December 2020 passed by the Externing Authority i.e. the Deputy Commissioner of Police, Zone-5, Pune came to be curtailed to one year.

(3.) It is not necessary to burden this order with unnecessary details. Suffice it to say that, the Petitioners herein were issued a show cause notice by the Respondent No.3 herein, who is the Externing Authority, under the provisions of the Maharashtra Police Act. The said show cause notice referred to the offences registered against the Petitioners. The allegations against the Petitioners are that they are acting as a gang and indulging in preparing and selling the country liquor in their vicinity and other parts of Pune District. It is also alleged that the Petitioners are also threatening the person residing in the said area that in case they try to inform the police or oppose their activities, in that case such persons would be sternly dealt with, and that the said activities of petitioners are causing endanger to the health of many persons. The offences mentioned in the show cause notice are alleged to have been registered under the Bombay Prohibition Act, and NDPS Act. It is also alleged that the Petitioners are creating terror in the locality. Therefore, the Respondent No.3 issued the show cause notice dated 04/11/2020 to the Petitioners to show cause as to why the externment proceedings should not be initiated against them and as to why they should not be externed from Pimpari Chinchwad Commissionerate, Pune City and Pune Districts for a period of 2 years. Thereafter externment proceedings were initiated against the Petitioners, which culminated in the impugned externment order.