IMPORTANT POINT
The officers empowered under section 53 of Narcotic Drugs and Psychotropic Substances Act, 1985, for purposes of investigating the offences under the Act are required to file the complaint to the Magistrate and not to submit the charge-sheet as they are not police offices.

JUDGMENT

M.B. Shah, J.-The only question which requires determination in this revision application is whether the Superintendent, Central Excise, who has investigated the case is required to file complaint or submit charge-sheet before the Magistrate for the offences alleged to have been committed by the petitioner' accused under the provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985, hereinafter referred to as "the Act"

2. Learned counsel Mr. Barot submitted that under section 53 of the Act the powers of an officer-in-charge of a police station for investigation of the offences under the Act are given to the Central Excise Officers, the customs officers and other officers Therefore, respondent No. 1 is required to submit charge-sheet after completion of the investigation and he cannot file private complaint before the learned Magistrate. For emphasizing his submission, he submitted that under different provisions of the Act different types of powers are conferred upon the officers or other persons mentioned therein, The learned counsel heavily relied upon section 53 which empowers the Central Government or the State Government to invest any officer mentioned therein with the powers of an officer-in-charge of a public station for the investigation of the offences under the Act and he submitted that the said officer for all purposes is an officer-in-charge of a police station for investigation or is a police officer for the purposes of this Act and hence he has to file report or charge-sheet as provided under section 169 or 174 of the Criminal Procedure Code and he cannot file the private criminal complaint. He also referred to section 41(1) of the Act which empowers the Magistrate to issue warrant for arrest or search warrant as provided in the section. Under sub-section (2) of section 41 the officer of a gazetted rank as mentioned therein is entitled to authorised any officer subordinate to him but superior in rank to peon, sepoy or a constable to arrest or search a building, conveyance or place. Section 42 empowers certain officers or persons being officers superior in rank to a peon, sepoy or constable to enter into, search any building, conveyance or place, seize, tender and arrest any person whom he has reason to believe to have committed any offence punishable under Chapter IV relating to any narcotic drug or psychotropic substance. He also referred to section 52 sub-section (3) wherein it is provided that every person arrested and article seized under sub-section (2) of section 41, section 42, section 43 or section 44 shall be forwarded without unnecessary delay to (a) the officer-in-charge of the nearest police station, or

(b) the officer empowered under section 53. It is his contention that the officer-in-charge of the nearest police station and the officer empowered under section 53 are having same powers and, therefore, they are required to follow the same procedure. He, therefore, submitted that as officer-in-charge of the nearest police station is required to submit report either under section 169 or section 174 of the Criminal Procedure Code, the officer empowered under section 53 also should follow the same procedure.

3. For deciding this question, if we refer to section 53 of the Act it is abundantly clear that the powers which are conferred on any officer as specified in section 53(1) or (2) are the powers for the investigation of the offences under the Act but he is not an officer-in-charge of a police station or he is not deemed to be an officer-in-charge of a police station. Section 53 of the Act reads as under:

"53. (1) The Central Government, after consultation with the State Government, may, by notification published in the Official Gazette, invest any officer of the department of central excise, narcotics, customs, revenue intelligence or Border Security Force or any class of such officers with the powers of an officer-in charge of a police station for the investigation of the offenc