U.P. Control of Goondas Act, 1970
Sections 2(1)(b) & 3—Order of externment—Challenged—Allegations against petitioner being goonda element—One cannot be treated to be a habitual offender unless and until there is recurrence of the offence and at the most the general reputation of the person is that he is desperate and dangerous to the community—Since in present case against the petitioner there is reference of one extreme instance only the petitioner could not be deemed to be a habitual offender on the basis of that single incident only, so the notice falls short of legal requirement as provided in Clause (1) of Section 2(b) of the 1970 Act—Impugned orders liable to be quashed—Petition allowed.
[Paras 12 to 14]