The wide powers conferred under Section 19 of the Arms Act, 1959 may justify the refusal to grant a command to prevent harassment by the police for the production of a gun and license.

The prayer of the petitioner is to command the Station Of ficer, Police Station Paschim, Sarira Dis trict Kaushambi not to harass him asking for his Gun and licence.

2. Heard Sri. G. C. Saxena, learned Counsel appearing on behalf of the petitioner and Smt. Sarita Singh, learned Standing Counsel on behalf of the State.

3. Section 19 of the Arms Act, 1959 read thus:-

"19. Power to demand production of licence etc.- (1) Any police officer nr any other officer Specially empowered in this behalf by the Central Government may demand the produc tion of his licence from any person who is carry ing any arms or ammunition.

(2) If the person upon whom a demand is made refuses or fails to produce the licence or to show that he is entitled by virtue of this Act or any other law for the time being in force to carry such arms or ammunition without a licence, the officer concerned may require him to give his name and address and if such officer considers it necessary, seize from that person the arms or ammunition which he is carrying.

(3) If that person refuses to give his name and address or if the officer concerned suspects that person of giving a false name or address or of intending to abscond, such officer may arrest him without warrant. "

4. From perusal of above mentioned provision it is crystal clear that any police officer or any other officer specifically em powered in this behalf by the Central Government may demand the production of his licence from any person who is car rying any arms or ammunition. True it is that the powers conferred under the statute are wide, but having regard to the prevalent situation in the country in general and the area in particular, we are of the view that the mandamus in term of command sought for by the petitioner cannot be granted.

5. We, accordingly, dismiss this writ petition, however, hoping that the powers will not be abused by the authority con cerned.

6. The Office is directed to hand over a copy of this order within one week to Smt. Sarita Singh, learned Standing Coun sel for its communication to and follow up action by the respondents.

Petition dismissed.

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