S. H. SHETH, J. ( 1 ) THIS petition is directed against the externment order made against the petitioner by the Deputy Commissioner of Police Special Branch Ahmedabad City on 6th March 1969 ( 2 ) THE petitioner is a resident of the City of Ahmedabad and is running a cycle shop. The Superintendent of Police C Division Ahmedabad served upon him notice under sec. 59 (1) read with sec. 57 of the Bombay Police Act to show cause why he should not be externed for period of two years from Ahmedabad City Ahmedabad (Rural) Kaira and Mehsana Districts. The allegations which were made against him in the show-cause notice were that he had suffered three convictions under sec. 85 sub-sec. (1) of the Bombay Prohibition Act and that he was involved in a prohibition case in the month of November 1968 Upon these facts action was proposed to be taken against him under sec. 57 (c) of the Bombay Police Act 1951 ( 3 ) THE petitioner submitted a detailed reply to that show-cause notice and tried to meet the allegations against him. He was heard in the matter. Thereafter on 6th March 1969 an order was made against him under 57 (c)of the Bombay Police Act 1951 externing him from Ahmedabad City and the contiguous districts of Ahmedabad (Rural) Kaira and Mehsana for a period of two years from the date of the impugned order. Prior to the making of the impugned order proceedings against him were instituted under sec. 93 of the Bombay Prohibition Act 1949 as a result of which he had executed a bond with sureties for his good behaviour for the period specified therein as directed by the Magistrate. ( 4 ) MR. Malik who appears for the petitioner challenges the impugned order on two grounds. His first contention is that the notice to show cause issued against the petitioner under sec. 59 of the Bombay Police Act stated that in the third week of November 1968 the police had seized from the petitioners possession the prohibited Ganja weighing about 8 annas and that he had no permit to render its possession lawful and he submits that no such incident had happened in November 1968 but such an incident had happened in September 1968. So far as the show cause is concerned the month of November has been mentioned through a typographical error and it has been accordingly explained in the affidavit in reply. Nothing therefore turns on that error contained in the notice. The petitioner had an opportunity to make his representations in that behalf. He made those representations to the externing authority and he was fully heard. In our opinion therefore the grievance which he makes out in that behalf has no substance. ( 5 ) IN this behalf Mr. Malik further submits that so far as the incident which is stated in the show-cause notice to have occurred in the month of November 1968 is concerned it was the only incident on account of which the externing authority could have reason to believe that the petitioner was likely again to engage himself in the commission of similar offences. ( 6 ) IN the affidavit in reply filed by Mr. Chinoy Deputy Commissioner of Police Special Branch Ahmedabad City it has been stated that he had ample material before him in order to satisfy himself that the petitioner was likely to engage himself in the commission of similar offences and that he had taken it into account. These averments made by the externing authority show that the externing authority had sufficient material before it to satisfy that the petitioner was likely again to engage himself in the commission of similar offences and that it had acted upon it. Under the circumstances the grievance made out by the petitioner loses substance. ( 7 ) THE next contention which Mr. Malik raises is that under sec. 93 of the Bombay Prohibition Act 1949 an inquiry was held against the petitioner and that the petitioner was called upon to execute a bond for good behaviour which he had done. In view of the fact that he had executed the bond for his good behaviour proceedings under the Bombay Police Act could not have been instituted against him. So far as sec. 93 of the Bombay Prohibition Act is concerned sub-sec. In view of the fact that he had executed the bond for his good behaviour proceedings under the Bombay Police Act could not have been instituted against him. So far as sec. 93 of the Bombay Prohibition Act is concerned sub-sec. (1) provides as under:-WHENEVER a District Magistrate or Sub-Divisional Magistrate receives information that any person within the local limits of his jurisdiction habitually commits or attempts to commit or abets the commission of an offence punishable under this Act such Magistrate may require such person to show cause why he should not be ordered to execute a bond with sureties for his good behaviour for such period not exceeding three years as the Magistrate may direct. Clause (c) of sec. 57 of the Bombay Police Act 1951 provides as under:-IF a person has been convicted. . . . . . . . . . (c) thrice of an offence within a period of three years under any of the provisions of the aforesaid Prohibition Acts. . . The Commissioner the District Magistrate or the Sub-Divisional Magistrate specially empowered by the State Government in this behalf if he has reason to believe that such person is likely again to engage himself in the commission of an offence similar to that for which he was convicted may direct such person to remove himself outside the area within the local limits of his jurisdiction or such area and any district or districts or any part thereof contiguous thereto by such route and within such time as the said officer may prescribe and not to enter or return to the area or the area of such contiguous districts or part thereof as the case may be from which he was directed to remove himself. ( 8 ) ON analysis of these two sections we find that sec. 93 of the Bombay Prohibition Act 1949 can be applied only to cases where a person habitually commits an offence punishable under the said Act or where a person habitually attempts to commit an offence punishable under the said Act or where a person habitually abets the commission of an offence punishable thereunder. 93 of the Bombay Prohibition Act 1949 can be applied only to cases where a person habitually commits an offence punishable under the said Act or where a person habitually attempts to commit an offence punishable under the said Act or where a person habitually abets the commission of an offence punishable thereunder. Therefore the habitual commission of an offence under the Bombay Prohibition Act 1949 or the habitual attempt to commit an offence under the said Act or the habitual abetment of the commission of an offence punishable under the said Act are the requirements of the section and if anyone of them is satisfied then sec. 93 of the Bombay Prohibition Act 1949 can be applied. Its application does not upon convictions for offences punishable under the Bombay Prohibition Act 1949 Even if a person has suffered three convictions as contemplated by sec 57 (c) of the Bombay Police Act 1951 he may or may not attain the character of a habitual offender. Whether a person is a habitual offender or not depends upon the facts of each case The ingredients of sec. 93 will be satisfied if a person against whom action is proposed thereunder is a habitual offender and if the District Magistrate or the Sub-Divisional Magistrate who proposes to take action against him under that section is satisfied on the basis of the material on record that he is a habitual offender. So far as clause (c) of sec. 57 of the Bombay Police Act 1951 is concerned it applies inter alia to cases where persons have suffered three convictions within a period of three years under the Bombay Prohibition Act 1949 If a person has not suffered any convictions under the Bombay Prohibition Act but is suspected to be offending against the provisions of the said Act or if a person has suffered less than three convictions or if a person has suffered three convictions during a period extending over more than three years then clause (c) of sec. 57 of the Bombay Police Act 1951 has no application whatsoever. Therefore the fields in which clause (c) of sec. 57 of the Bombay Police Act 1951 and sub-sec. (1) of sec. 93 of the Bombay Prohibition Act 1949 operate are altogether different. 57 of the Bombay Police Act 1951 has no application whatsoever. Therefore the fields in which clause (c) of sec. 57 of the Bombay Police Act 1951 and sub-sec. (1) of sec. 93 of the Bombay Prohibition Act 1949 operate are altogether different. In a conceivable case both the provisions may be applicable to a single individual as they are applicable to the petitioner in this case but it makes no difference. In our opinion therefore clause (c) of sec. 57 of the Bombay Police Act 1951 and sub-sec. (1) of sec. 93 of the Bombay Prohibition Act 1949 are not mutually exclusive. Therefore if an action has been taken against a person under sec. 93 of the Bombay Prohibition Act 1949 it does not operate as a bar to the application of the provisions of sec. 57 (c) of the Bombay Police Act 1951 In this view of the matter the challenge which Mr. Malik has made to the impugned order fails. ( 9 ) THE result therefore is that the petition fails and rule is discharged. There shall be no order as to costs of this petition. Petition dismissed. .