( 1 ) HEARD counsel for the petitioner and learned Standing Counsel.

( 2 ) BY this writ petition, the petitioner has prayed for quashing the order dated 19. 10. 2004 passed by appellate authority by which the appellate authority has remanded the matter to the District magistrate and directed the petitioner to deposit his arm. Prayer has also been made to quash the order dated 21. 6. 2001 by which the license of the petitioner was cancelled by the District magistrate. Against the order passed by District Magistrate canceling the arm license, petitioner filed an appeal No. 77 of 2001. The appellate authority remanded the matter to the District magistrate that fresh decision be taken on merits after calling for report from the police regarding criminal history of the petitioner. The appellate authority further directed that petitioner shall deposit his license by 30. 10. 2004.

( 3 ) THE counsel for the petitioner challenging the order contended that during suspension of the arm license, the arm cannot be directed to be deposited. His submission is that arm can be directed to be deposited only when license has been cancelled. He has placed reliance on the judgment of