(1) The Central Government, after consultation with the State Government, may, by notification published in the Official Gazette, invest any officer of the department of central excise, narcotics, customs, revenue intelligence 1[or any other department of the Central Government including para-military forces or armed forces or any class of such officers] with the powers of an officer-in-charge of a police station for the investigation of the offences under this Act.
(2) The State Government may, by notification published in the Official Gazette, invest any officer of the department of drugs control, revenue or excise 2[or any other department] or any class of such officers with the powers of an officer-in-charge of a police station for the investigation of offences under this Act.
1. Subs. by Act 9 of 2001, s. 24, for “or Border Security Force” (w.e.f. 2-10-2001).
2. Ins. by s. 24, ibid. (w.e.f. 2-10-2001).
Simplified Explanation
Section 53 of the Narcotic Drugs and Psychotropic Substances Act, 1985 grants the Central and State Governments the authority to invest certain officers with the powers of an officer-in-charge of a police station for the investigation of drug-related offences under the Act. Here’s a breakdown:
Subsection (1) – Powers of Central Government
- The Central Government can, after consulting with the State Government, issue a notification in the Official Gazette to grant powers to officers from various Central Government departments.
- The following officers can be given powers similar to that of an officer-in-charge of a police station for investigating offences under this Act:
- Central Excise
- Narcotics
- Customs
- Revenue Intelligence
- Other departments, including para-military forces or armed forces.
This provision allows officers from these departments to investigate drug-related crimes and perform police functions like searching, seizing, and arresting individuals suspected of violating the Act.
Subsection (2) – Powers of State Government
- The State Government can also issue a notification to give officers from various State departments the same powers as an officer-in-charge of a police station for investigating offences under the Act.
- Departments such as:
- Drugs Control
- Revenue
- Excise
- Any other relevant department, may have their officers empowered to investigate drug-related crimes.
Purpose and Implications
- Enhanced Enforcement: This provision is designed to expand the investigative capacity for narcotic-related crimes by allowing officers from specialized departments to take action, rather than relying solely on police officers.
- Coordination Across Agencies: It facilitates inter-agency collaboration for investigating and tackling drug trafficking and abuse, leveraging expertise from customs, excise, and narcotics departments.
- Broader Authority: It also extends law enforcement powers to armed forces and para-military forces if necessary, reflecting the scale and seriousness of drug-related offences.
Summary
Section 53 empowers officers from various central and state agencies to take on the role of police officers for investigating drug-related offences, thus broadening the scope of enforcement and improving the coordination between specialized departments in combating narcotic crimes.
