Tek Chand, J.

1. These are two connected references made to the High Court by a Magistrate, 1st Class, Ferozepore, under Section 432 (1) of the Code of Criminal Procedure, In Criminal Revision No. 103 of 1954 Kishori Lal, petitioner, is a resident of Ferozepore Cantonment, where he possesses ancestral property. It is admitted that between the 25th of April 1951 and the 3rd of March 1952, Kishori Lal petitioner was convicted under the Gambling Act, on five occasions; and these five convictions resulted in imposition of flues varying from Rs. 10/- to Rs. 50/- Section 238 of the Cantonments Act (II of 1924) contemplates removal and exclusion from the cantonments of disorderly persons. For facility of reference Section 238 of Act II of 1924 is reproduced below:-

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"238 (1) -A Magistrate of the first class, having, jurisdiction in a cantonment, on receiving information that any person residing in or frequenting the cantonment-- (a) is a disorderly person who has been convicted more than once of gaming or who keeps or frequents a common gaming house, a disorderly drinking shop or a disorderly house of any other description, or

(b) has been convicted more than once, either within