TMI Blog1994 (11) TMI 431X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 constable he could neither conduct the search or make any seizure nor, for that matter, investigate the case. 4. Though the arguments from both the sides provide to be a mere formality rendering hardly any assistance, let me venture to answer the question posed. 5. 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 intelligence or any other department of the Central Government or of the Border Security For ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... veyance 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 perso ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Supreme Court itself makes it clear that the word 'grade has various shades of meaning in the service jurisprudence. It is sometimes used to denote a pay scale and sometimes a cadre (See : A. K. Subraman v. Union of India, ). At place grade may imply rank also. Afterall, a rank is a position of order in relation to others in a group. It means relative standing . showing position or standing . a grade of official standing . However, I feel, in the context of the Act, grade means pay scale and surely is not synonymous with rank or cadre . I say so on the strength of and on the basis of the Delhi Police (Promotion and Confirmation) Rules which use the three expressions grade , cadre and rank in contradistinction to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... de is not to be confused with the word rank , and as the difference of pay scales may be taken to be merely indicative of some superiority of a Head Constable in the hierarchy, it does not provide a complete answer. Is then a Head Constable equal in rank to a constable ? Surely not. And, in support I seek to rely upon the Delhi Police (Promotion and Confirmation) Rules 1980. The rules define lower subordinate , as under :- Lower subordinates means and includes Police Personnel of and below the rank of Head Constable. Clearly then, there are Police Personnel below the rank of head Constable . Is constable one to them ? The answer is provided by Rule 8 which enacts that fitness of personal detailed in List A to List F fro pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bles and Head Constables belong to the same rank, as is canvassed by the learned counsel for the petitioner, them how does one explain the promotion of Constables to the rank of Head Constable ? And if both belong to the same rank then why use the expression promotion to the rank of Head Constable as used in Rules 13 and 14 of the Rules ? If the argument of the learned counsel for the petitioner is accepted the words to the rank of in the Rules noticed would become redundant. And redundant they are not. In fact they clearly demolish the argument and point out clearly and un-mistakenly, that constables and Head Constable relate to two different ranks and that when under the Rules persons of the the rank of constables are promo ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
