Judgment MILAP CHANDRA, J. ( 1 ) THIS writ petition has been filed for quashing the order of the District Magistrate. Nagpur dated May 23. 1989 (Annexure 1) by which he has directed the petitioner to immediately deposit his 12 bore gun along with the licence and to show cause as to why the licence be not cancelled and the gun be confiscated. ( 2 ) IN reply to the show cause notice, it has been stated that the notice has been issued under Section 17. Arms Act (hereinafter to be called as the Act) on the report of the police to the effect that the relation in between the petitioner and Tulsi Ram have become very strained and the gun may be misused. ( 3 ) IT has been contended by the learned counsel for the petitioner that the surrender of the licence can be ordered only after its suspension or revocation. He further contended that the production of the licence was not required for varying its conditions and as such the provisions of Section 17 (1) of the Act were not attracted. He lastly contended that no notice was issued before passing the order for the production of the licence and the gun. ( 4 ) THE learned Additional Government Advocate tried his best to support the order Annexure 1 under challenge in toto. Sub-sections (1) and (10) of Section 17 of the Arms Act, 1959 are as under: (1) The licensing authority may vary the conditions subject to which a licence has been granted except such of them as have been prescribed and may for that purpose require the licence holder by notice in writing to deliver up the licence to it within such time as may be specified in the notice. (10) On the suspension or revocation of a licence under this section the holder thereof shall without delay surrender the licence to the authority by whom it has been suspended or revoked or to such other authority as may be specified in this behalf in the order of suspension or revocation. It is clear from the above quoted provisions that the licensing authority may require production of the licence for varying its conditions or after it has been suspended or revoked. It is clear from the above quoted provisions that the licensing authority may require production of the licence for varying its conditions or after it has been suspended or revoked. It is also clear from the order or the District Magistrate, Nagpur dated May 23,1989 (Annexure 1) that none of the aforesaid conditions exist in this case. As such the order Annexure 1 so far it directs the productions of the licence and gun before its cancellation cannot be sustained. For the reasons mentioned in the order Annexure 1, the police itself could direct the petitioner under Section 19 of the Act to produce the licence. As such the Writ Petition deserves to be allowed partly. ( 5 ) CONSEQUENTLY, the Writ Petition is partly allowed. The order of the District Magistrate, Nagaur dated May 23, 1989 directing the petitioner to deposit his 12 bore gun and licence in the Police Station, Rol (Nagpur) is quashed. ( 6 ) NO order as to costs. Writ Petition party allowed.