THE AUTHORISED OFFICER, INDIAN BANK v. D. VISALAKSHI AND ANR.

A A perusal of Section 11 of the Police Act leads to the inescapable conclusion that an Assistant Commissioner appointed under sub-section (1) is to perform such duties and functions as can be exercised under the Act or any other law for the time being in force, which undoubtedly includes the Gambling Act which was a law in force at the time when the Police Act was passed. Apart from this the Assistant Commissioner B could also perform those functions which could be assigned to him by the Commissioner under the general or special orders of the State Government. The provision for assignment of powers by the Government to the Commissioner are contained in Section 10(2) of the Police Act which runs thus: C “10. (2) Every such Deputy Commissioner shall, under the orders of the Commissioner, exercise and perform any of the powers, functions and duties of the Commissioner to be exercised or performed by him under the provisions of this Act or any other law for the time being in force in accordance with the general or D special orders of the State Government made in this behalf.”

10. The High Court has found as a fact that there was a notification by the State Government dated March 10, 1967 by which all the Assistant Commissioners of Police including that of Nagpur were conferred powers and functions of the Commissioner of Police. E Thus, in the instant case at the time when the offence was committed two things had happened: (1) that in Nagpur where the offence had taken place there was a Commissioner of Police, and (2) that the Commissioner of Police had been conferred the power by the Government notification to assign his functions, powers and duties to the Assistant Commissioner. In these F circumstances, therefore, we do not find any difficulty in accepting the contention of the respondent that having regard to the combined reading of the provisions of Section 17 of the General Clauses Act and the Police Act the term “Commissioner of Police” appearing in Section 6 of the G Gambling Act would include even an Assistant Commissioner who was legally and validly assigned the powers, functions and duties of the Commissioner of Police by the State Government under Section 10(2) of the Police Act. As the General Clauses Act was a statute which was passed before the Gambling Act came into force, Section 17 of the General H

THE AUTHORISED OFFICER, INDIAN BANK v. 221 D. VISALAKSHI AND ANR. [A. M. KHANWILKAR, J.]

Clauses Act could be called into aid to interpret the scope and ambit of the term “Commissioner of Police” as used in Section 6 of the Gambling Act.

11. Learned counsel for the appellant, however, submitted that the power of assignment of functions by the Government given to the Commissioner of police or the Assistant Commissioner could be exercised only in respect of matters covered by the Police Act and not beyond that. I am however unable to agree with this contention which completely overlooks the avowed object of Section 17 of the General Clauses Act which has been passed to resolve such anomalies and it is not possible to construe the provisions of the Police Act in complete isolation by ignoring the provisions of the General Clauses Act which undoubtedly apply to the facts and circumstances of the present case. For these reasons, therefore, the second contention put forward by the appellant also fails.” (emphasis supplied) D

In the concurring judgment, additionally, the Court observed thus: “19. It remains for consideration whether the Assistant Commissioner of Police could be said to be executing the functions of the Commissioner of Police under Section 6(1) of the Act at the time when he issued the special warrant. Reference in this connection may be made to Section 11(2) of the Bombay Police Act, 1951, which provides as follows: “11. (2) An Assistant Commissioner appointed under sub-section (1) shall exercise such powers and perform such duties and functions as can be exercised or performed under the provisions of this Act or any other law for the time being in force or as are assigned to him by the Commissioner under the general or special orders of the State Government.” It was therefore permissible for the Assistant Commissioner of G Police not only to exercise such powers and perform such duties and functions as he could, in terms, exercise or perform under the provisions of the Bombay Police Act, or any other law for the time being in force, but also the duties and functions assigned to him by the Commissioner of Police under the general or special H

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A orders of the State Government. The High Court has taken note in this connection of the State Government Order APO-3463-C- 2896-(III)-(E)-V, dated March 10, 1967, which empowered all Commissioners of Police to assign to the Assistant Commissioners of Police working under them any of their powers, duties and functions not only under the provisions of the Bombay Police Act, B 1951, but also under any other law for the time being in force. The existence of such an order has not in fact been challenged before us. The Assistant Commissioner of Police was therefore the functionary who could, by virtue of Section 17 of the Bombay General Clauses Act, discharge the functions of the Commissioner C of Police under Section 6(1) of the Act in the matter of issuing a special warrant like the one issued in the present case. It is also not disputed that the Commissioner of Police issued Order 2036, dated September 19, 1967, authorising all Assistant Commissioners of Police working under him to issue search warrants under Section 6 of the Act to any Police Officer working under them not below the rank of a Sub-Inspector of Police. As has been shown, this was legally permissible, and it is futile to contend that the High Court erred in rejecting the appellant’s contention to the contrary.

46Copy pinpoint46. Applying the principle underlying this decision, it must follow that substitution of functionaries (CMM as CJM) qua the administrative and executive or so to say non-judicial functions discharged by them in light of the provisions of Cr.P.C., would not be inconsistent with Section 14 of the 2002 Act; nay, it would be a permissible approach in the matter of interpretation thereof and would further the legislative intent having regard to the subject and object of the enactment. That would be a F meaningful, purposive and contextual construction of Section 14 of the 2002 Act, to include CJM as being competent to assist the secured creditor to take possession of the secured asset.

47Copy pinpoint47. Having said this, we need not to dilate on other decisions pressed into service regarding the approach to be adopted in the matter of interpretation of statutes.

48Copy pinpoint48. To sum up, we hold that the CJM is equally competent to deal with the application moved by the secured creditor under Section 14 of the 2002 Act. We accordingly, uphold and approve the view taken by the High Courts of Kerala, Karnataka, Allahabad and Andhra Pradesh and reverse the decisions of the High Courts of Bombay, Calcutta, Madras,

THE AUTHORISED OFFICER, INDIAN BANK v. 223 D. VISALAKSHI AND ANR. [A. M. KHANWILKAR, J.]

Madhya Pradesh and Uttarakhand in that regard. Resultantly, it is unnecessary to dilate on the argument of prospective overruling pressed into service by the secured creditors (Banks).

49Copy pinpoint49. While parting we must note that Civil Appeal arising from SLP (C) No.7121 of 2019 is directed against an interlocutory order passed by the High Court in a pending appeal. This appeal is, therefore, disposed of with liberty to the parties therein to pursue the appeal pending before the High Court on any other issue(s), if available as per law. That be decided in accordance with law.

50Copy pinpoint50. All these appeals are disposed of in the above terms with liberty to the parties to pursue such other remedies as may be permissible in law with regard to other issues, if any. The same shall be considered on its own merits, in accordance with law. No order as to costs. Pending applications in the respective appeals are also disposed of in the above terms. D Ankit Gyan Appeals disposed of.