Case: Janardan Vs. State Of Maharashtra

functions of an office, to mention the official title of the officer at present executing the functions, or that of the officer by whom the functions are commonly execute.7. Analysing this definition it would appear that any official title of the officer mentioned in any Act made after the General Clauses Act would deem by fiction of law to include any such official title referred to in any Act passed after the General Clauses Act.8. Furthermore, not only the official title but even the functions executed by the said officer would also be deemed to have been exercised by the officer designated in the subsequent Act. The combined effect, therefore, of section 6 of the Gambling Act and section 17(1) of the General Clauses Act would be that the term Commissioner of Police would include all officers who are executing or performing the functions of the Commissioner of Police as defined or authorised under the latter Act, namely, the Police Art . It would thus be seen that sub-section (6) of section 2 of the Police Act clearly mentions that the term Commissioner of Police would include, an Assistant Commissioner. Thus sub-section (6) runs thus:"2. In this Act, unless there is anything repugnant in the subject or context* * * *(6)............ 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 (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.(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 State Government".9. 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 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 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 con tained in section 10(2) of the Police Act which runs thus:"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 special order s 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 10th March, 1967 by which all the Assistant Commissioners of Police including that of Nagpur were conferred powers and functions of the Commissioner of Police. 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 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 he 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 th e Central Clauses Act was a statute which was passed before the Gambling Act came info force. section 17 of the General 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.I am, therefore, satisfied that the conviction of the appellant does not suffer from any infirmity but having regard to the fact that the offence took place more than 10 years herein before I feel that the interests of justice do not require that the appellant should be sent back to jail. I would, therefore, while upholding the conviction of the appellant under sections 4 and 5 of the Gambling Act reduce the sentence of imprisonment to the period already served maintains the sentence of fine awarded under both the counts, namely, sections 4 and 5 of the Gambing Act.

Decision (1 = appeal accepted, 0 = rejected): 0

Explanation:
0[ds]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.I am, therefore, satisfied that the conviction of the appellant does not suffer from any infirmity but having regard to the fact that the offence took place more than 10 years herein before I feel that the interests of justice do not require that the appellant should be sent back to jail. I would, therefore, while upholding the conviction of the appellant under sections 4 and 5 of the Gambling Act reduce the sentence of imprisonment to the period already served maintains the sentence of fine awarded under both the counts, namely, sections 4 and 5 of the Gambing Act.