Assistant Commissioner's search warrant valid where general clauses and police law authorised performance of Commissioner's functions.

A special search warrant issued by an Assistant Commissioner of Police was held to satisfy Section 6 of the Bombay Prevention of Gambling Act, 1887, because the expression "Commissioner of Police" was not separately defined. Section 17(1) of the Bombay General Clauses Act, 1904, read with Section 11(2) of the Bombay Police Act, 1951, allowed the officer then performing the functions of that office to exercise the relevant powers, and government and departmental orders specifically authorised Assistant Commissioners to issue such warrants. The warrant was therefore valid, the search could be relied on, and the conviction was upheld; only the sentence was reduced to the period already undergone.

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Issues: Whether a special search warrant issued by an Assistant Commissioner of Police could validly satisfy Section 6 of the Bombay Prevention of Gambling Act, 1887, when that provision refers to the Commissioner of Police.

Analysis: The expression "Commissioner of Police" was not defined in the Gambling Act. Section 17(1) of the Bombay General Clauses Act, 1904 applied to Bombay Acts and allowed reference to the official title of the officer then executing the functions of the office. Read with Section 11(2) of the Bombay Police Act, 1951, an Assistant Commissioner could exercise powers and functions under any law in force and also those assigned by the Commissioner under general or special orders of the State Government. The record further showed Government and departmental orders authorising Assistant Commissioners to perform such functions and issue search warrants under Section 6. The warrant was therefore not invalid merely because it was issued by an Assistant Commissioner.

Conclusion: The warrant was valid and the conviction based on the search could not be disturbed; the appeal failed on merits, though the sentence was reduced to the period already undergone.

Ratio Decidendi: Where the governing general clauses law and the police law permit an Assistant Commissioner to perform the functions of the Commissioner of Police, a warrant issued by the Assistant Commissioner may validly satisfy a later statute that refers to the Commissioner of Police by official title.

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