( 1 ) IS Head Constable of Delhi Police an officer superior in rank to a Constable? The learned Counsel for the appellant says he is not. In support he relies upon a passing remark, if, with respect, I may say so, in Nand Lal v. The State of Rajasthan 1987 (3) Crimes 629 to the effect that a Head Constable is also a Constable.

( 2 ) THE question has arisen in the following circumstances. The petitioner is facing trial under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter called the Act) for allegedly being in possession of 5 Kg. and 500 grams of Charas. The recovery was made and investigation was completed by a Head Constable of the Delhi Police. The petitioner has sought quashing of the proceedings on the ground that a Head Constable being not superior in rank to a Constable he could neither conduct the search or make any seizure nor, for that matter, investigate the case.

( 3 ) THOUGH the arguments from both the sides proved to be a mere formality rendering hardly any assistance, let me venture to answer the question posed.

( 4 ) SECTION 42 of the Act authorises officers superior in rank to a peon, sepoy or constable of the departme