( 1 ) THESE two matters have come before us by way of reference from the Division Bench consisting of Justices K. J. Vaidya and S. D. Dave. The said Division Bench was taking up detention matters and in the course thereof, was dealing with the aforesaid two Special Criminal Applications where the detenus were under preventive detention as per the provisions of Prevention of Anti-Social Activities Act popularly known as PASA. It was urged on behalf of the detenus that the detaining authorities have not considered any other less drastic measure and therefore, the detention suffers from the vice of nonapplication of mind. To this counter was advanced on behalf of the respondent- state in two fold manner. Firstly, it was urged that, by its very nature, detention under PASA cannot have, as an alternative, any measure less or otherwise and secondly, looking to the facts and circumstances of the case, and with pointed attention to the detention order itself, what has been missing is referance to sec. 57 of the Bombay Police Act under which extemment proceedings could have been initiated. Uptill now there has been several decisions of various division Benches of this Court where