12.wp­2318­11.doc jdk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRI. WRIT PETITION NO. 2318 OF 2011 Heera Shyam Kumbharmarwadi and Ors. ..Petitioners Vs. State of Maharashtra and Anr. ..Respondents Mr. Nagesh Y.Chavan for petitioners Mr. S.S.Pednekar Additional Public Prosecutor for the State CORAM : B.R.GAVAI, J. DATE : 11th AUGUST, 2011. P.C.: 1. Rule. Rule made returnable forthwith. Heard by consent of the parties. 2. By way of present petition, the petitioners challenge the order dated 30th April, 2011 issued by the respondent no.2 thereby externing the petitioners from the Districts of Sangli and Kolhapur for a period of one year and the order passed by the appellate authority dated 1st July, 2011 thereby dismissing the appeal. 3. The material on which the petitioners have been externed is only the cases registered against the petitioners for the 1 12.wp­2318­11.doc offences punishable under the provisions of the Bombay Prohibition Act. The learned Single Judge of this Court in Dhananjay Manohar Sapkal Vs. State of Maharashtra reported in 2005 (2) Mh.L.J. 384, has held that the proceedings of externment cannot be used against the persons charged with the offences under the provisions of the Bombay Prohibition Act. In that view of the matter, Rule is made absolute in terms of prayer clause (a). [ B.R.GAVAI, J. ] 2