TaxTMI 
TaxTMI 
1994 (11) TMI 431
X X X X Extracts X X X X
X X X X Extracts X X X X
.... 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 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 Govern....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... 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 prope....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... 1366/89 decided by this court on August 26, 1994. The 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 o....
X X X X Extracts X X X X
X X X X Extracts X X X X
....n the two thus becomes too obvious. 9. However, the notification issued by the State Government does not use the word "grade". It speaks of "rank" and since in the context of the Delhi Police Act the word "grade" 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 Pe....
X X X X Extracts X X X X
X X X X Extracts X X X X
....promotion ? 10. That "Constables" and "Head Constables" constitute different ranks and that "Head Constable" is senior in rank is further borne out from Rules 12, 13 and 14 which speak of promotion Lists A, B and C respectively relating to the "promotion" of Constables to the "rank" of Head Constable". 11. If "Constables" 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 Constabl....