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 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 concerned in case it appears to him that the conditions 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 thereof, 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 property."

The notice is required to convey information to the person concerned of the material 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 Section 3 the person is given a right to consult 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) provides 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 writing

"(a) direct him to remove himself outside 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 specified in the order, until the expiration of such period, not exceeding six months as may be specified in the order."

4. S.4 provides for permission to return temporarily to the place from where the person is externed. Section