JHON MOHAMMAD Vs. STATE OF U P

JUDGEMENT

(1.) WE have heard learned counsel for the petitioner and learned AGA.

(2.) THIS petition has been filed for quashing a notice dated 9-2-2009 under S.3(3) of the U.P. Control of Goondas Act, 1970 (hereafter the 'Goondas Act') issued by the ADM (F and R), J. P. Nagar. The impugned notice mentions two items. The first is a case at case Crime No. 704 of 2008 under S.30 and S.504 IPC, PS Mandi Dhanora, District J. P. Nagar. In this case, the petitioner along with his companions are, said to have murdered Nafees, brother of the informant (Anis Ahmad) with country - made pistols. A charge - sheet has been filed in this case on 28-5-2009. The second case is at case crime No. 727 of 2008 under S.3(1) of the U.P. Gangsters and Anti - Social Activities (Prevention) Act, 1986, (hereafter referred to as the 'Gangsters Act'), P. S. Dhanora, District J.P. Nagar.

(3.) WE think that the Art.20(2) of the Constitution has no application to the present matter as what the said article prohibits is the punishment and prosecution for the same offence more than once. An offence under the Gangsters Act which is punishable under S.3 with a minimum sentence of 2 years upto 10 years R.I. is completely distinct from a proceeding under the Goondas Act which is essentially a preventive proceedings enabling externment of a goonda for a maximum period of 6 months, to be passed by the District Magistrate with a view to maintenance of public order in the district. It is also nobody's case that the petitioner has been prosecuted and punished for the offence under the Gangsters Act so far.