RANDHIR Vs. SECRETARY HOME DEPARTMENT MUMBAI

JUDGEMENT

(1.) Heard Shri S. D. Chopde, learned Counsel for the petitioner and Shri M. K. Pathan, learned Additional Public Prosecutor for the respondent/State.

(2.) Rule. Rule is made returnable forthwith.

(3.) The petitioner has challenged the order passed by the Secretary (Special), Home Department, Government of Maharashtra, Mumbai on 3rd of December, 2012, dismissing the appeal filed by the petitioner and confirming the order passed by the SubDivisional Magistrate, Wardha on 7th of July, 2012, by which the petitioner has been externed from the area of Wardha, Amravati and Yavatmal districts for the period of two years. Apart from the other grounds, the challenge of the petitioner is that while passing the impugned orders, the Authorities have taken into consideration the prosecutions which were filed under the Bombay Prohibition Act and most of the prosecutions are stale.