1 WP 2085.11.sxw JPP IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE JURISDICTION CRIMINAL WRIT PETITION NO. 2085 OF 2011 Mr. Sachin Sawanta Kumbharmarwadi & Ors. ... Petitioners. V/s. The State of Maharashtra & Anr. ... Respondents. Mr. C.G. Gavnekar for the Petitioners. Mr. D.R. More, APP for the State. CORAM : K.U. CHANDIWAL, J. DATED : 17th OCTOBER 2011. P.C. :- Heard by consent of the parties. Rule made returnable forthwith. 2. 21 persons were arrayed in an action under Section 55 of the Bombay Police Act. One of them Heera has challenged the order of externment in Criminal Writ Petition No.2318 of 2011 and by order dated 11th August 2011, this Court has set aside the externment. 3. The prosecution purportedly initiated against the Accused/Applicant is for offence under the provisions of Bombay Prohibition Act. Already, this Court has taken a view in the matter of Dhananjay Manohar Sapkal V/s. State of 2 WP 2085.11.sxw Maharashtra reported in 2005(2) Mh.L.J. 384 that for such proceedings of externment cannot be used against the Petitioner for having violated provisions of the Bombay Prohibition Act. No other view in the fact situation is possible. 4. Consequently, Rule made absolute in terms of prayer clause (a) to the extent of Petitioner Sachin and Smt. Jamuna. (K.U. CHANDIWAL,J.)