The requirement of "general nature of material allegations" in Section 3(1) of the Bihar Control of Crimes Ordinance, 1979 means that the person concerned must be informed of the essential quality or qualities of the allegations against them, not just a list of offenses or case numbers.

Nagendra Prasad Singh, J.

1. The petitioner in this wilt application has questioned the legality of a notice issued to him by the respondent District Magistrate in purported exercise of the powers conferred on him by Sub-section (1) of Section 3 of the Bihar Control of Crimea Ordinance, 1979 (Ordinance No. 99 of 1979) (hereinafter to be referred to as 'the Ordinance'). A copy of the said notice dated 18.8.1979 is annexure-1 to the writ application. According to the petitioner, the said notice has been issued in contravention of the requirements of the said Ordinance. The object as mentioned in the said Ordinance is to make special provisions for the control and suppression of anti-social elements with a view to maintenance of public ORDER :. For achieving that object, certain extraordinary powers have been vested in the District Magistrate of the district. If it appears to the District Magistrate of any district that (a) any person is an antisocial element, and (b) 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 there are reasonable grounds for believing that he is engaged or about to engage in commission of any offence punishable under Chapter XVI or Chapter XVII of the Indian Penal Code or under certain other Acts mentioned therein, then he shall be noticed in writing "inform him of the general nature of material allegation against him in respect of clauses (a) and (b)" and, "shall give him a reasonable opportunity of tendering an explanation regarding them". Thereafter, in view of Sub-section (2) of Section 3 of the said Ordinance the person concerned can examine witnesses and appear through counsel. If the District Magistrate, on hearing the person concerned and on materials on record, is satisfied that the condition specified in clause (a) and (b) of Sub-section (1) of Section 3 exists, then he may pass an ORDER :of externment against such person for a period not exceeding six months or he may require him to notify his movements etc.

2. According to the petitioner, the notice, which has been issued to him, is absolutely vague without furnishing any material allegation against the petitioner, as such, the said notice has been issued not only against the requirements of Sub-section (1) of Section 3, but also violates the principles of natural justice. In the schedule of the Bihar Control of Crimes Rules, 1978 (hereinafter to be referred to as the Rules) form of the notice has been prescribed. Rule 4 of the Rules says that notice under Sub-section (1) of Section 3 of the Ordinance shall as far as may be conform to Form I. There is a note below that form saying that portions thereof should be deleted which are not applicable to any particular case. It also provides space for furnishing material allegation against the person concerned in respect of aforesaid Clauses (a) and (b) of Sub-section (1) of Section 3. Learned counsel appearing on behalf of the petitioner pointed out that the notice which has been issued to the petitioner simply reproduces the three paragraphs of the form of the notice aforesaid and then states as follows:

Thereafter, the notice says that the petitioner should appear before the District Magistrate concerned on 5.9.1979 and can file his explanation against the aforesaid allegations failing which it will be presumed that he has nothing to say against them. According to the petitioner, in the facts and circumstances of the present case the notice neither states the material allegation in respect of Clause (a) of Sub-section (1) of Section 3, i.e.; regarding the petitioner being an anti social element, nor it fulfils Clause (b) which requires material allegation in respect of the movements and acts of the petitioner calculated to cause alarm, danger or harm.

3. In the case of (1) Gaya Rai Vs. State of Bihar and others (Cr. W.J.C. no. 55 of 1979, disposed of on 30-8-1979) the vires of the provisions of th