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 inSoumini v. State of Kerala (2001 (2) KLT 546 = 2001 (2) KLJ 37). According to the above decision, the notification empowering all 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 S.42 of the Narcotic Drugs and Psychotropic Substances Act, 1985 thereinafter referred to as NDPS Act) cannot be acted upon as the same is not placed before the Legislature and made it a Rule. S.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 departments of central excise, narcotics, customs, revenue, intelligence or any other 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 office