N.L. Untwalia, J.

1. The petitioner has obtained a rule from this Court under Articles 226 and 227 of the Constitution of India against the respondents to show cause why the ORDER :of suspension of his licence of Kaidrabad country spirit shop standing in his name, made by the Collector on 1st September, 1967 (Annexure 'A') as affirmed in appeal by the Commissioner of Excise on 7th. October, 1967, (Annexure 'B') as also in revision by the ORDER :of the Member, Board of Revenue dated 8th January, 1968 (Annexure 'C') be not called up and quashed by grant of an appropriate writ. It appears that due to the alleged recovery of twenty drums of spirit of very high strength from certain premises appertaining to that of the petitioner's shop, his licence has been suspended by the Collector by his ORDER :dated 1st September, 1967. When the petitioner went up in appeal before the Commissioner of Excise he took three points before him (i) that the appellant should have been asked to show cause against the proposed suspension by the Collector, (ii) that the place of recovery has not been fixed on the licence, and, (iii) that since prosecution has been launched under Section 47(a) of the