Summarize the following court judgment. : Criminal Appeal No. 20 of 1975. Appeal by Special Leave from the Judgment and order dated 15/16 11 1973 of the Gujarat High Court in Crl. A. No. 22/73. J. L. Nain	 M. N. Shroff for the Appellants. H. section Marwah	 Amicus Curiae for the Respondents. The Judgment of the Court was delivered by SARKARIA	 J. This appeal by special leave is directed against a judgment	 dated November 15/16	 1973	 of the High Court of Gujarat. The material facts are as under: On June 23	 1973	 a Police Sub Inspector made a report to the District Superintendent of Police	 Rajkot	 to the effect that the premises known as Rajkot Yuvak Sahakar Mandal situated at Mochhi 393 Bazar Road	 near Krishna Cinema	 Rajkot was used as a common gaming house and gambling was going on therein. The Deputy Superintendent of Police	 after making an inquiry	 was satisfied about the contents of the report and he issued a warrant under Section 6 of the Bombay Prevention of Gambling Act (hereinafter referred to as the Act) and sent it to the Police Sub Inspector	 Rajkot	 for execution in accordance with law. The Sub Inspector then reached the aforesaid B: premises in the early hours of June 24	 1973 at 4 a.m. He found 10 persons	 including the respondent herein	 in the premises. They had all gathered there for the purpose of gambling	 and gambling was actually going on by play of cards	 and tokens of various designs	 which were used to indicate the different points	 were also found there. All the ten persons were arrested in respect of offences under Sections 4 and S of the Act. The instruments of gaming were also seized. On the following morning at 7 a.m.	 the petitioner and his companions submitted an application to the Police Sub Inspector	 who was the first respondent before the High Court	 requesting him to enlarge them on bail. The Sub Inspector did not consider their bail applications	 nor did he pass any order thereon. At about noon	 however	 the respondents were produced before the Magistrate	 who released them on bail. The Sub Inspector did not consider their bail applications and release them on bail because he was prohibited from doing so by a Circular order issued by Shri P. H. Jethwa	 District Superintendent of Police	 Rajkot	 directing all the Police Sub Inspectors not to release persons arrested in respect of offences under Sections 4 and S of the Act on bail	 because in the Form of the warrant prescribed under Section 6 of the Act	 it is mentioned that the arrested persons should be produced before the Magistrate. The Circular order further directed that the arrested persons under the Act should be produced before the Magistrate. The Circular further warned that if any Police officer violated these directions	 he would expose himself to disciplinary action. This Circular order (exhibit B) was impugned by a writ petition under Article 226 of the Constitution before the High Court. Two main contentions were raised before the High Court. First	 that offences under Sections 4 and S of the Act are cognizable and bailable. Consequently	 under Section 496 of the Code of Criminal Procedure	 1898	 the Police officer arresting the respondents was duty. bound to enlarge them on bail. The impugned Circular	 being contrary to the statutory provisions	 is illegal and ultra vires. Second	 the impugned Circular is violative of Article 14 of the Constitution	 inasmuch as it discriminates between persons similarly situated. The second ground was not pressed before the High Court 394 The first contention prevailed with the High Court. In conclusion	 it held that the Police officer had the power o} the authority to enlarge the arrested persons on bail. Its reason was as under: "When the legislature empowers an officer to delegate any authority to do certain acts to another it necessarily implies that 	 the original authority can do such acts itself. Consequently	 when the Commissioner of Police and certain other officers mentioned in Section 6 are authorised to issue special warrant for search of the premises where gambling is going on	 for the seizure of the articles therein or take into custody and bring before the court such persons who may be found therein	 such officers can themselves do such acts. " Referring to Section 4(1) (f) of the Code of Criminal Procedure the High Court observed that the words "a police officer" in that provision which defines a cognizable offence	 do not mean "each and every" police officer. It is sufficient if the power to arrest without warrant is limited by the provisions of law to a class of police officers and the offences in such cases fall within the purview of clause (f) of sub section (1) of Section 4 of the Code. Since under Section 6 of the Act	 the Police Commissioner and certain other officers	 mentioned therein	 have the power and authority to arrest persons accused of having committed the offences under Sections 4 and S of the Act with out warrant the said offences are cognizable. Support for this reasoning was sought from a decision of this Court in Union of India vs I.C. Lala	 etc. The High Court further held that the provisions of Section 6 merely provide a limited exemption from the provisions of the Code of Criminal Procedure	 in so far as they limit the class of Police officers who are competent to investigate the offences and to arrest without a warrant. The mere fact that certain restrictions are placed as to the Police officers who are competent to investigate the offence would not make the offence any the less than cognizable. It	 also	 referred to several decisions of the Bombay High Court	 including the one Emperor vs Raghunath decided by a division Bench consisting of Beaumont	 C.J. and Broom field	 J.	 wherein it was held that an offence under Section 4 of the Act is non cognizable. The High Court did not follow this decision because	 in its view	 it had ignored an earlier decision which covered the point which the court had decided	 and the earlier decision was contrary to it. With this reasoning	 the High Court came to the conclusion that offences under Sections 4 and 5	 being cognizable and 395 bailable	 the commissioner of Police and the officers to whom a warrant can be granted for the purpose of investigation under the Act	 have to release accused on bail under the provisions of Section 496 of the Code of Criminal Procedure. They derive their power to grant bail from the statute. The impugned order therefore	 cannot be sustained because it runs counter to the statutory provisions which authorise the police officers mentioned in Section 6 to grant bail. Nobody has appeared on behalf of the respondent	 despite notice	 to oppose this appeal. Shri H. section Marwah	 however	 has been kind enough to assist the Court as amicus Curiae on behalf of the respondents. Since the case was decided by the High Court on the basis of the first contention in favour of the respondent	 herein	 and the High Court did not go into the constitutional validity of the impugned order	 we will confine the discussion to the first point	 on the basis of which	 the High Court has invalidated the impugned order. We will assume for our purpose that Section 6 of the Act does not offend Article 14 of the Constitution. Section 6 runs as under: "6(1). It shall be lawful for a Police officer (i) in any area for which a Commissioner of Police has been appointed not below the rank of a Sub Inspector and either empowered by a general order in writing or authorised in each case by special warrant issued by the Commissioner of Police	 and (ii) elsewhere not below the rank of Sub Inspector of Police authorised by special warrant issued in each case by a District Magistrate or Sub Divisional Magistrate or by a Taluka Magistrate specially empowered by the State Government in this behalf or by a District Additional	 Assistant or Deputy Superintendent of Police	 and (iii) without prejudice to the provision in clause (ii) above	 in such other area as the State Government may	 by notification in the official Gazette specify in this behalf	 not below the rank of a Sub Inspector and empowered by general order in writing issued by the district Magistrate. (a) to enter	 with the assistance of such persons as may be found necessary	 by night or by day	 and by force	 if necessary	 any house	 room or place which he has reason to suspect is used as a common gaming house: H (b) to search all parts of the house	 room or place which he shall have so entered	 when he shall have reason 396 to suspect that any instruments of gaming are concealed therein	 and also the persons whom he shall find therein whether such persons are then actually gaming or not	 (c) to. take into custody and bring before a Magistrate all such persons; (d) to seize all things which are reasonably suspected to have been used or intended to be used for the purpose of gaming	 and which are found therein: Provided that no officer shall be authorised by special warrant unless the Commissioner of Police	 the Magistrate	 the District or Additional or Assistant or Deputy Superintendent of Police concerned is satisfied	 upon making such inquiry as he may think necessary	 that there are good grounds to suspect the said house	 room or place to be used as a common gaming house. " From a plain reading of Section 6(1)	 it is clear that subject to the conditions of 'the proviso	 a Commissioner of Police may empower by a general order or authorise by special warrant a police officer not below the rank of a sub Inspector	 to do any of the acts and things enumerated in sub clauses (a) to (d) of that sub section	 including the act of arresting a person found gambling or present in a common gaming house. It follows therefrom	 by necessary implication	 that the Commissioner of Police can personally do any of the aforesaid acts and things which he could authorise any other police officer of the requisite rank to do. The primary repository of the plenary power to do he aforesaid acts and things	 constituted under sub clause (i)	 is the Commissioner of Police. The sub clause only enables him to employ his subordinate police officer(s)	 not below the authorised rank of a Sub Inspector to execute his general order or special warrant to arrest for offences under Sections 4 and 5 of the Act. It will be noted further that even under sub clause (iii)	 in an area notified by the Government. any police officer not below the rank of a Sub Inspector empowered by the District Magistrate under a general order in writing can arrest a person found gambling or present in a common gaming house	 without a warrant from a Magistrate. In short	 Section 6 confers the power of arrest thereunder only on a specified class of police officers and not on any or every police officer. It is in the light of the above analysis of Section 6(1) that we have to determine whether the offences under Sections 4 and 5 of the Act are recognizable offences '. Section 4(1)(f) of that Code of Criminal Procedure	 1898	 defines "cognizable offence" to mean an offence for	 and 'cognizable case ' to mean a case "in which a police officer	 within 397 or without the Presidency towns may	 in accordance with the Second Schedule or under other law for the time being in force	 arrest without warrant". There was a divergence of judicial opinion in regard to the connotation of the words "a police officer" used in the above definition. One line of decisions	 led by Deodhar Singh case	 took the view that 1 these words in Section 4(1) do not necessarily mean "any and every" police officer. It is sufficient to bring an offence within the definition of a 'cognizable offence ' if the power to arrest without a warrant is vested under the law in a police officer of a particular class only. The ratio of Deodhar Singh 's case was followed by the Bombay High Court in Emperor vs Ismail and Emperor vs Abasbhai Abdul Hussain by the Nagpur Court in Nagarmal Jankiram	 and by the Delhi High Court in Delhi Administration vs Parkash Chand & Ors. A contrary view was taken by the Assam High Court in G. K. Apu vs Union of India; by the Allahabad High Court in State of U.P. vs Lal Bahadur & Ors.; by the Madhya Bharat High Court in Union of India vs Mahesh Chandra; and in some other decisions. This conflict appears to have been set at rest by the decision of this Court in 1. C. Lala 's case (ibid) which has expressly overruled the view taken by the Assam and Madhya Bharat High Courts. We will notice Lala 's case	 later. It will suffice to say here that the view which has received the imprimatur of this Court	 is that the expression "police officer" in Section 4(1)(f) of the Code does not necessarily mean "any and every" police officer	 and an offence will still be a "cognizable offence" within this definition even if the power to arrest without warrant	 for that offence is given by the statute to police officers of a particular rank or class. In Queen Empress vs Deodhar Singh	 under the Bengal Public Gaming Act II of 1867	 the District Superintendent of Police (or the District Magistrate) was competent to arrest or by warrant to direct the arrest of persons found in a common gaming house. The Question 398 was whether the offence under Section 4(1)(f) of the Bengal Act was cognizable. This question turned on an interpretation of the expression "police officer" in the definition of 'cognizable offence '	 and was answered in the affirmative	 thus.: "Now	 under the Gambling Act	 it is not every Police officer who can arrest without a warrant. It is only the District Superintendent of Police who can arrest or by warrant direct the arrest of persons gambling in a house. The district Superintendent being a Police officer who may	 under a law for the time being in force	 viz.	 the Gambling Act	 arrest without warrant. We think that the requirements of clause (1) (f) of the above Sections are satisfied	 and that the offence in question is	 therefore	 a 'cognizable offence '. We cannot accept the contention that the words in that clause	 'a Police officer ' mean 'any and every ' Police officer. It is sufficient if the Legislature has limited the power of arrest to any particular class of Police officers. " If we may say so with respect	 this is a correct exposition of the law on the point. The ratio of Deodhar Singh 's case was followed by a Division Bench of the Bombay High Court (Marten and Madgavkar	 JJ.) in Emperor vs Abasbhai Abdul Hussain (ibid). The impugned judgment before us is also based on this decision. These very provisions of the Bombay Prevention of Gambling Act came up for interpretation in re. Naganmal Jankiram (ibid)	 and the same view was taken by Pollock J. In Abasbhai 's case (ibid)	 a Sub Inspector got a warrant issued under Section 6 of the Bombay Prevention of Gambling Act	 which authorised him to search certain premises. In execution of that warrant the Sub Inspector raided a house and arrested three persons who were found therein. The case was tried by the Magistrate concerned as a cognizable one. At the trial at the stage of arguments	 it was contended on behalf of the accused that offences under Sections 4 and 5 were non cognizable	 and since the procedure of warrant case had been followed by the Magistrate	 the trial was illegal. The trial court accepted the argument and acquitted the accused. In appeal before the High Court	 it was agitated that the offence was a cognizable one. The High Court reasoned and we think rightly that since under Section 6 of the Act the Commissioner of Police has power to issue special warrants of search and also to arrest	 he is competent to do personally	 what he may authorise others to do by special warrant. It followed the dictum of Deodhar Singh 's case in regard to the interpretation of the words "a police officer" in the definition of "cognizable offence" given in the Code of Criminal Procedure. On 399 these premises	 the High Court held that offence s under Sections 4 and 5 are cognizable. In Emperor vs Ismail (ibid)	 a Division Bench of the Bombay High Court	 reaffirmed the dictum of Abasbhai 's case	 that an offence punishable under Section 4 of the Act	 is cognizable. In Delhi Administration vs Parkash Chand & Ors.	 H. R. Khanna	 J.	 following the dictum of the Calcutta High Court in Deodhar Singh 's case	 and of Bombay High Court in Abasbhai 's case	 held that offences under Sections 3 and 4 of Delhi Gambling Act are 'cognizable offences ' as Section S of the Delhi Act gives the Superintendent of Police power to arrest or authorise any officer of police	 not below the rank of Sub Inspector	 to arrest without a warrant. It is argued on behalf of the appellant State that the ratio of the aforesaid decisions in Deodhar Singh 's case and Parkash Chand 's case is not applicable to offences under the Bombay Prevention of Gambling Act	 because the Bengal Act and the Delhi Act expressly empower the Superintendent of Police either to arrest himself or direct arrest by another police officer of requisite rank	 whereas in Section 6(1) of the Bombay Prevention of Gambling Act there are no express words giving an option	 to the Commissioner of Police to effect arrest	 personally. We are unable to accept this argument. The difference pointed out	 is a distinction without a difference. What was explicit in the Bengal Gambling Act and the Delhi Gambling Act	 is implicit in Section 6(1) of the Bombay Prevention of Gambling Act. It will now be appropriate to notice this Court 's decision in Union of India vs I. C. Lala. In that case	 two army officers and one business man were charged with the conspiracy of the offences punishable under Sections 120B and 420 of the Indian Penal Code	 read with Section S(2) of the Prevention of Corruption Act. The officer who investigated these offences was an Inspector of the Delhi Police Establishment. Under Section SA of the Prevention of Corruption Act	 before its amendment in 1974	 no officer below the rank of Deputy Superintendent of Police could investigate an offence punishable under Sections 161	 165 and 165A of the Indian Penal Code and under Section 5(2) of the Prevention of Corruption Act	 without the order of the Presidency Magistrate or a Magistrate of the First Class. The question before the Court was. whether sanction under Section 196A of the Code was necessary. The answer to this question turned upon whether an offence under Section 5(2) of the Prevention of Corruption Act was non cognizable or cognizable. The 400 High Court held that an offence under Section 5(2) of that Act was non cognizable because it was not an offence for which any police officer could arrest without a warrant. The same argument which was canvassed before the High Court was repeated before this Court. And it was contended that the words 'a police officer ' in Section 4(1) (f) of the Code mean 'any ' police officer. This argument was repelled by this Court and it was held that such an approach could not be a criterion for deciding whether the offence is cognizable or non cognizable. It was observed: "If we pursue the same line of argument and look at the definition of non cognizable offence in Section 4(1) (n) which defines non cognizable offence as an offence for which a police officer	 within or without a Presidency town	 may not arrest with. out warrant	 it might mean that as these are cases where a police officer of the rank of Dy. Superintendent and above can arrest without warrant these are not non cognizable offences either How can there be a case which is neither cognizable nor non cognizable? It was sought to be argued that these offences would be cognizable offences when they are investigated by the Deputy Superintendents of Police and superior officers and non cognizable when they are investigated by officers below the rank of Deputy Superintendents. We fail to see how an offence would be cognizable in certain circumstances and non cognizable in certain other circumstances. We do not consider that this is a reasonable interpretation to place. " Once we hold that a Commissioner of Police who is competent to direct by issuing special warrant or general order	 under Section 6(1)(i)	 another police officer of the requisite rank to arrest persons found gambling or present in a gaming house	 can also arrest personally the offender concerned	 the principle enunciated by this Court in Lala 's case is immediately attracted in full force and there is no escape from the conclusion that offences under Sections 4 and S of the Bombay Prevention of Gambling Act are cognizable. Such offences are admittedly bailable. It follows as a necessary corollary therefrom	 that the commissioner of Police or the police officer who is authorised by him to search	 arrest and investigate such offences is under a legal obligation to release the accused on bail under the provisions of Section 496 of the Code. The authority to grant bail to the person arrested in execution of such a warrant is derived by the officer arresting	 from the statute and consequently	 no executive instructions or administrative rules can abridge	 or run counter to the statutory provisions of the Code. Since the impugned order or 401 executive instructions are contrary to or inconsistent with the provisions of the Code and on a true construction	 there is nothing in Section 6 or any other provision of the Act which takes away the right and power conferred by The Code on the police officer to grant bail to the person arrested by him for offences under Sections 4 and 5 of the Act	 the impugned order was ultra vires and bad in law and had been rightly quashed by the High Court. In the result	 the appeal fails and is dismissed. Appeal dismissed.

A Sub Inspector of Police arrested the respondent for offences under sections 4 and 5 of the Bombay Prevention of Gambling Act on a warrant issued under section 6 of the Act by the Deputy Superintendent of Police. The respondent 's application for release on bail was rejected by the Sub Inspector on the ground that a circular order issued by the District Superintendent of Police prohibited him from releasing on bail persons that were arrested in respect of offences under sections 4 and S of the Act. He	 however	 produced the respondent before a Magistrate. D The High Court in the writ petition filed by the respondent upheld his contention that offences under sections 4 and S of the Act being cognizable and bailable	 the Commissioner of Police and officers to whom a warrant can be granted for the purpose of investigation under the Act	 have to release the accused on bail under the provisions of section 496 of the Code of Criminal Procedure 1898 since the impugned order ran counter to the statutory provisions it was bad in law. The High Court also held that since under section 6 of the Act the Police Commissioner and certain other officers mentioned therein have the power and authority to arrest persons accused of having committed offences under sections 4 and S of the Act without warrant	 the offences are cognizable. Dismissing the appeal	 ^ HELD: (a) Since the Commissioner of Police	 who is competent to direct by issuing special warrant or general order under section 6(1)(i)	 another police officer of the requisite rank to arrest persons found gambling or present in a gaming house	 can also arrest personally the offender concerned	 the offences under sections 4 and S of the Act are cognizable. Such offences are admittedly bailable. [400 F G] (b) The Commissioner of Police or the Police officer who is authorised by him to search	 arrest and investigate such offences	 is under a legal obligation to release the accused on bail under the provisions of section 496 of the Code. The authority to grant bail to the person arrested in execution of such a warrant is derived by the officer arresting from the statute and consequently no executive instructions or administrative rules can abridge or run counter to the statutory provisions of the Code. Since the impugned order of executive instructions are contrary to or inconsistent with the provisions of the Code and 392 on a true construction	 there is nothing in section 6 or any other provision of the Act which takes away the right and power conferred by the Code on the police officer to grant bail to the person arrested by him for offences under sections 4 and 5 of the Act the impugned order was ultra vires and bad in law and had been rightly quashed by the High Court. [400 G H] Union of India vs I. C. Lala etc.	 A.I.R. 1973 S.C. 2204=[1973] 3 SCR 818	 824 applied. (a) Under Section 6(1) of the Act (subject to the conditions of the proviso) a Commissioner of Police may empower by a general order or authorise by special warrant a police officer not below the rank of a sub Inspector to do any of the acts and things enumerated in sub clauses (a) to (d) of that subsection	 including the act of arresting a person found gambling or present in a common gaming house. It follows therefrom	 by necessary implication	 that the Commissioner of Police can personally do any of the aforesaid acts and things which he could authorise any other police officer of the requisite rank to do. The primary repository of the plenary power to do tho aforesaid acts and things	 constituted under sub clause (i) is the Commissioner of Police. The sub clause only enable him to employ his subordinate police officers not below the authorised rank of Sub Inspector to execute his general order or special warrant to arrest for offences under sections 4 and 5 of the Act. In short section 6 confers the power of arrest thereunder only on a specified class of police officers and not on any or every police officer. [396D F & G] (b) It is settled law that the expression "Police officer" used in the definition of cognizable offence in section 4(1)(f) of the Code of Criminal Procedure does not necessarily mean "any and every" police officer. An offence will still be a cognizable offence within this definition even if the power to arrest without warrant for that offence is given by the statute to police officers of a particular rank or class only. [398 C] Queen Empress vs Deodhar Singh ILR 	 150 approved.