AJINKYA @ JIMMY Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule made returnable forthwith. Heard finally with the consent of the learned Counsel for the respective parties.

(2.) Petitioner has challenged impugned order dt.8.12.2017 passed by the Additional Collector/SubDivisional Executive Magistrate, Kelapur. The petitioner is externed for the period from 9.12.2017 to 14.12.2017 from the jurisdiction of Police Station, Pandharkawada.

(3.) It is submitted that the respondent passed the impugned order dt.8.12.2017 without giving opportunity of hearing to the petitioner. The impugned order is passed u/s.144 (2) of the Code of Criminal Procedure alleging that the petitioner is engaged in commission of offences punishable under the Bombay Prevention of Gambling Act and therefore, there is possibility of breach of public peace and tranquility.