S. B. MAJMUDAR, V. H. BHAIRAVIA, J.

( 1 ) THE petitioner who is detained under the provi- sions of the Prevention of Anti-Social Activities Act 1985 (the Act for short) has brought in challenge the detention order dated 25-7-1989 passed by the Commissioner of Police Surat

( 2 ) THE submission of the learned Advocate for the petitioner is that while considering the question of less drastic remedy by way of externment of the petitioner under Sec 56 of the Bombay Police Act one vital fact has not been considered by the detaining authority presumably because it was not placed before him by the sponsoring authority and that fact is that even in past his own office had initiated externment proceedings against the petitioner for has alleged bootlegging activities and other nefarious activities on 15-10-1987. That these proceedings had culminated into order of externment which ultimately was set aside in appeal by the State Government on 25-4-1988. That from 15-10-1987 to 25-4-1988 not a single prohibition case is registered against the petitioner. This showed that pendency of externment proceedings had corrective or fear effect of the petitioner and he had suspended his alleged bootlegging

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