JUDGMENT

J.B. Koshy, J. - An important question of law was referred to the Division Bench by Justice M.R. Hariharan Nair disagreeing with the view taken by the Single Judge in Soumini v. State of Kerala1. According to the above decision the notification empowering an the officers in the police department of and above the rank of S.I. etc. to exercise the power of entry, search-seizure and arrest without warrant or authorisation mentioned under Section 42 of the Narcotic Drugs ad Psychotropic Substances Act. 1985 (hereinafter referred to as NDPS Act) cannot be acted upon as the same is not placed before the Legislature and made it a Rule. Section 42 of the NDPS Act (wrongly mentioned in the above judgment as Rules) reads as follows:

"42. Power of entry, search, seizure and arrest without warrant or authorisation:

(1) Any such officer (being an officer superior in rank to a peon, sepoy or constable) of the department of the Central Government or of the Border Security Force as is empowered in this behalf by general or special order by the Central Government or any such officer (being an officer superior in rank to a peon, sepoy or constable) of the revenue, drugs control, excise, pol