JUDGMENT R.K. Deshpande, J. (Oral) - 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. 4. It is not disputed by the respondents that some of the proceedings pending against the petitioner are for the offence punishable under Section 65E of the Maharashtra Prohibition Act, some of the proceedings are in respect of noncognizable offences and the petitioner cannot be externed on the basis of the prosecution for the offences punishable under the Maharashtra Prohibition Act. 5. In view of above, there is no option but to allow the writ petition. Hence, the writ petition is allowed. The order dated 06.02.2018 passed by the Respondent No.1 and the order dated 27.06.2018 passed by the Appellate Authority Divisional Commissioner, Nagpur are hereby quashed and set aside. Rule is made absolute in above terms. No order as to costs.