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1979 Supreme(Pat) 195

N.P.SINGH, S.ROY
Gaya Rai – Appellant
Versus
State or Bihar – Respondent


Advocates Appeared:
For the petitioners: Messrs Balbhadra Prasad Singh, Basudeva Prasad, Prabha Shankar Mishra, T.K. Jha, Ashwini Kumar, J. N. Sahay, C.B. Belwariar, J.P. Shukla and Shrichand Keshava;
For the Respondents: Messrs K.D. Chatterjee (A.G.), R.B. Mahto (GA), R.S. Roy (SC. 3), Chuni Lall (GP.V) Vinod Chandra, G.P. Jaiswal, Vijay Kumar Bhagat, Jawahar dhari Singh, Santosh Kumar Sinha, O.P. Agrawal and Mrs. Neelima Thakur.

JUDGMENT

Nagendra Prasad Singh, J.

Petitioners in these writ applications have questioned the validity of the Bihar Control of Grimes Ordinance, 1978 (hereinafter referred to as the Ordinance) and a prayer has been made on their behalf for quashing the notices issued to them by the respective District Magistrates in purported exercise of the powers conferred on them by sub-section (1) of section 3 of the said Ordinance. According to the petitioners, as the Ordinance itself is ultra vires the notices issued to them amount to exercise of power without any authority in law. As common question of law is involved in all these writ applications they were heard together and are being disposed of by a common judgment.

2. The preamble of the said Ordinance states the object thereof “to make special provisions for the control and suppression of antisocial elements with a view to maintenance of public order”. “Anti-social element” has been defined under section 2 (c) as follows:

“(c) ‘Anti Social element’ means a person who-

(1) either by himself or as a member of or leader of a gang, habitually commits or attempts to commit or abets the commission of offences punishable under Chapter XVI or Chap
























































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