H. SWARUP, J. :- 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.

3. 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 commission 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 suppression 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 person who is desper