1970 PCRLJ 647
SHAH ZAMAN BABAR, J.‑ Rokhanuddin petitioner was a license for possession of 9 M.M Pistol. In November 1964, the petitioner was involved in a murder case and it was alleged that the said pistol was used in the commission of the offence. The petitioner was tried for the offence but was acquitted. During the pendency of the murder case, the local Police represented to the Deputy Commissioner, Peshawar, for the cancellation of the licence of the petitioner. The Deputy Commis sioner, Peshawar, by his impugned order dated 30‑6‑65, cancelled the licence and ordered that the licence along with the pistol should be collected from the licensee and deposited in the District Malkhana. The petitioner preferred an appeal against thin order of the District Magistrate before the Commissioner, Peshawar Division, Peshawar. This appeal, also failed by order of the Commissioner dated 20‑9‑65.
2. The petitioner has challenged the order of cancellation of the licence by order of the Deputy Commissioner dated 30‑6‑65.
3. The learned counsel for the petitioner contended that 'the petitioner was not given an opportunity of showing cause against the proposed cancellation, nor the District Magistrate has recorded reasons for, the cancellation. He also argues hat he was not heard in appeal by the learned Commissioner when lie passed the order dated 20‑9‑65. The learned A. A.‑G, appearing for, the State did not defend this writ petition.
4. The impugned order (Annexure A) is noted below for convenience: ‑
"In view of the adverse report off Peshawar Police arm licence No. 157/AC for the possession of 9 M. M. pistol No, 51621 in respect of Rokltanuddin son of Mujahuddin, Village Spalmai Tehsil Charsadda is hereby cancelled.
The licence along with pistol mentioned above should be collected from the licensee and deposited in the District Malkhana as usual.
(Sd.) Nasrumminakllah, C. S. P.,
D. C., Peshawar.
30‑6‑65."
5. West Pakistan Arms Ordinance, 1965 (Ordinance XX of 1965) (hereinafter to be referred to as the Ordinance? was published in the Gazette of West Pakistan. Extraordinary, on 8th June 1965.
Section 12 of the Ordinance provides provision for cancellation and suspension of licences. This section reads
12. (1) Any licence nay be cancelled, or suspended.‑
(a) by the officer by whom the same was granted car by any authority to which he may be subordinate, or any District Magistrate within the local limits of whose jurisdiction the holder of such licence may beg when, for reasons to be recorded in writing, and after giving the holder of the licence an opportunity of showing cause against the proposed cancellations or suspension, such officer, authority or Magistrate deems it necessary for the security of the public peace to cancel or suspend such licence 9 or
(b)
(c) An appeal against ate order of cancellation of suspensiot2 under clause (a) of subsection (1) may be made by the person whose licence has been cancelled or suspended to the: immediate official superior to the authority making the order, within sixth days of the receipt by him of a copy of the order, where appeal lies to Government, and where appeal lies to any other authority, within thirty day; of the receipt by him pf a copy of the order."
6. It is manifest that the District Magistrate (Deputy Commissioner) has not recorded any reason, nor issued a show cause notice against the proposed cancellation of the licence of the petitioner, The learned Commissioner also did snot hear tire a appellant while passing the appellate order, While accepting the petition, we hold tire impugned order of the Deputy Commissioner (District Nagistratel, Peshawar dated 30‑6‑65' is without lawful authority and is of no legal effect,
Petition accepted,