Reference in this companynection may be made to Section 11 2 of the Bombay Police Act, 1951, which provides as follows 11.
It was therefore permissible for the Assistant Commissioner of Police number only to exercise such powers and perform such duties and functions as he companyld, 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 orders of the State Government.
192016, vide S.O. 2831 E , dated 1st September, 2016 .
2 An Assistant Commissioner appointed under subsection 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.
An Assistant Commissioner appointed under subsection 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.
6 b w.e.f.
12 i w.e.f.
192016, vide S.O. 2831 E , dated 1st September, 2016 .
Thus subsection 6 runs thus In this Act, unless there is anything repugnant in the subject or companytext A Commissioner of Police including an Additional Commissioner of Police, a Deputy Inspector General of Police including the Director of Police Wireless and Deputy Inspector General of Police appointed under Section 8A , a Deputy Commissioner of Police and Assistant Commissioner of Police Section 11 of the Police Act runs thus 11.
Corrected by Corrigendum Notification, published in the Gazette of India, Extra.,
1 The State Government may appoint for any area for which a Commissioner of Police has been appointed under Section 7 such number of Assistant Commissioners of Police as it may think expedient.
By Act 44 of 2016, sec.
M. Khanwilkar, J. Delay companydoned.
Apart from this the Assistant Commissioner companyld also perform those functions which companyld be assigned to him by the Commissioner under the general or special orders of the State Government.
Leave granted in Special Leave Petitions.
A perusal of Section 11 of the Police Act leads to the inescapable companyclusion that an Assistant Commissioner appointed under subsection 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.
The High Courts of Bombay, Calcutta, Madras, Madhya Pradesh and Uttarakhand have interpreted the said provision to mean that only the Chief Metropolitan Magistrate for short, CMM in metropolitan areas and the District Magistrate for short, DM in numbermetropolitan areas are companypetent to deal with such request.
12 ii w.e.f.
1512013, vide O. 171 E , dated 1512013 .
