( 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 department of central excise, narcotics, customs, revenue intelli- 433 gence or any other department of the Central Government or of the Border Security Force as are 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, police or any other department of a State Government as is empowered in this behalf by general or special order of the State Government to enter, search, seize and arrest without warrant or authorisation.

( 5 ) IN terms of Section 42 of the Act REFERRED TO to above, the State Government issued a notification and since the whole dispute revolves around it, let me reproduce the same. It says: "no. F. 10 (76)/85-Fin. (G)- In exercise of the powers conferred by sub-section (1) of Section 42 of the Narcotic Drugs and Psyhotropic Substances Act, 1985 (61 of 1985) read with the Government of India, Ministry of Home Affairs Notification No. S. O. 818 (E) dated the 8th November, 1985, the Administrator of the Union Territory of Delhi is pleased to empower all officers (being officers superior in rank to a peon or constable) of the following Departments of the Delhi Administration, Delhi, if they have, reason to believe from personal knowledge or information given to any person and taken down in writing, that any narcotic drug or psychotropic substance in respect of which an offence punishable under Chapter IV of the said Act has been committed or any document or other article which may furnish evidence of the commission of such offence is kept or concealed in any building, conveyance or enclosed place within the Metropolitan Area of Delhi between sunrise and sunset, to:- (a) enter into and search any such building, conveyance or place, (b) in case of resistance, break open any door and remove any obstacle to such entry, (c) seize such drug or substance and all material used in the manufacture thereof and any other article and any animal or conveyance which he has reason to believe to be liable to confiscation under the said Act and any document or other article which he has reason to believe may furnish evidence of the commission of any offence punishable under Chapter IV of the said Act, relating to such drug or substance, and (d) detain and search, and, if he thinks proper, arrest any person whom he has reason to believe to have committed any offence punishable under Chapter IV of said Act relating to such drug or substance Provided that if such officer has reason to believe that a search warrant or authorisation cannot be obtained without affording opportunity for the concealment of evidence or facility for escape of an offender, he may enter and search such building, conveyance or enclosed place at