AJAY PRABHAKAR PAHUNE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule made returnable forthwith. Heard finally by consent of learned counsels appearing for the parties.

(2.) The order of externment for a period of 2 years passed on 06.02.2018 is the subject matter of challenge in the present petition, apart from the order passed by the appellate Authority dismissing the appeal on 27.06.2018.

(3.) The challenge in on the ground that, (i) in the proceedings for the offence under Section 65E of the Maharashtra Prohibition Act i.e. S.C.C. No. 3117 of 2917, the order was passed by the Magistrate on 23.11.2017, stopping the proceedings under section 258 of the Code of Criminal Procedure, 1973 and this has not been taken into consideration though it was pointed out in the reply to the show cause notice; (ii) the offences under Section 65E of the Maharashtra Prohibition Act are taken into consideration and (iii) the noncognizable offences have been relied upon.