H.Swarup, J. - (1.) A notice under S. 3 (1) of the U. P. Control of Goondas Act, 1970 (hereinafter referred to as the Act) Was issued by the District Magistrate, Varanasi to the petitioner Raja for taking action against him under sub- section (3) of Section 3 of the Act.
(2.) THE petitioner has challenged the notice, inter alia, on the ground that the provisions of Section 3 (3) of the Act are unconstitutional, ultra vires and void. He has also challenged the notice on merits. The proceedings initiated the notice are still pending before the District Magistrate and no final order has yet been passed. Section 2 (b) of the Act gives the definition of a Goonda. According to Section 2 (b): " 'Goonda' means a person who: (i) either by himself or as a member or leader of a gang, habitually commits, or attempts to commit, or abets the commis sion of, offences punishable under Chapter XVI, Chapter XVII or Chapter XXII of the Indian Penal Code, 1898 (Act V of 1898) or (ii) has been convicted under the sup pression of Immoral Traffic in Women and Girls Act, 1956; or (iii) has been convicted not less than thrice under the U. P. Excise Act, 1910; or (iv) is generally reputed to be a per son who is desperate and dangerous to the community." Section 3 (1) provides the conditions under which action may be taken against a Goonda. According to this section the District Magistrate is authorised to issue a notice in writing to the person concern ed in case it appears to him that the condi tions laid down in clauses (a), (b) and (c) thereof are satisfied. These conditions are as follows: "(a) That any person is a goonda; and (b) (i) that his movements or acts in the district or any part thereof are causing, or are calculated to cause alarm, danger or harm to persons or property; or (ii) that there are reasonable grounds for believing that he is engaged or about to engage, in the district or any part there of, in the commission of any offence punishable under Chapter XVI, Chapter XVII or Chapter XXII of the Indian Penal Code, or under the Suppression of Immoral Traffic in Women and Girls Act, 1956, or under the U. P. Excise Act, 1910, or in the abetment of any such offence and (c) That witnesses are not willing to come forward to give evidence against him by reason of apprehension on their part as regards the safety of their person or pro perty." The notice is required to convey informa tion to the person concerned of the mate rial allegations against him. The District Magistrate is also required to give to the person concerned a reasonable opportunity of tendering an explanation regarding these allegations. Under sub-section (2) of Sec tion 3 the person is given a right to con sult and be defended by a counsel of his choice and a reasonable opportunity of examining himself and any other witness that he may wish to produce in support of his explanation. Sub-section (3) pro vides that after the aforesaid procedure has been gone through and the District Magistrate is satisfied that the conditions specified in clauses (a), (b) and (c) of sub section (1) exist he may by order in writ ing "(a) direct him to remove himself out side the district, or part, as the case may be, by such route, if any, and within such time as may be specified in the order, and to desist from entering the district or the specified part thereof until the expiry of such period not exceeding six months as may be specified in the order: (b) (i) require such person to notify his movements, or to report himself, or to do both, in such manner, at such time and to such authority or person as may be specified in the order; (ii) prohibit or restrict possession or use by him of any such article as may be specified in the order; (iii) direct him otherwise to conduct himself in such manner as may be speci fied in the order, until the expiration of such period, not exceeding six months as may be specified in the order."
(3.) S . 4 provides for permission to return temporarily to the place from where the person is externed. Section 5 provides for extension of the period provided by the original order and in Section 6 an appeal is provided against the order with in fifteen days from the date of the order. The Commissioner is given the power on appeal either to confirm the order with or without modification or to set it aside. He also can pass interim stay orders. S. 8 provides the nature of evidence to be con sidered by the District Magistrate or the Commissioner.;