Hari Swarup, J. - (1.) Sheo Prasad Singh the petitioner has filed this petition against the order of the District Magistrate cancelling his licence for a S.B.B.L. Gun and against the order passed by the Commissioner dismissing his appeal against the order of the D.M.
(2.) The contention of the learned counsel for the petitioner is that the order of the D.M. cancelling the licence, does not give reasons as required by Section 17 of the Arms Act and also does not mention that he deemed it necessary for the security of the public peace to cancel the licence. He has attacked the appellate order on the ground that it has just endorsed the order of the D.M. and has taken into consideration the confidential report. A further contention of the learned counsel for the petitioner is that the reasons given in the order of the D.M. have gone beyond the show cause notice served on him before cancelling his licence.
(3.) The D.M. has in his order stated that the petitioner is an accused in a criminal case under Section 302 I.P.C. for the murder of Sobha Singh who was one of the members of the party of Babu Singh. The murder was committed on December 1, 1966. Previous to the murder, proceedings under Section 107/117 Cr.P.C. were going on between the parties of Babu Singh and the petitioner Sheo Prasad Singh who were the leaders of the two parties in village Khanna. There had earlier been a murder in this village on Aug. 13, 1966 of Suri Ahir. The D.M. has further mentioned in the order that due to these murders the atmosphere of the village was surcharged and there could be a possibility of further murders. Taking these circumstances into consideration the D.M. has cancelled the licence of the petitioner.;