(1) Without prejudice to the provisions of sub-section (3) of section 4, the Central Government shall appoint a Narcotics Commissioner and may also appoint such other officers with such designations as it thinks fit for the purposes of this Act.
(2) The Narcotics Commissioner shall, either by himself or through officers subordinate to him, exercise all powers and perform all functions relating to the superintendence of the cultivation of the opium poppy and production of opium and shall also exercise and perform such other powers and functions as may be entrusted to him by the Central Government.
(3) The officers appointed under sub-section (1) shall be subject to the general control and direction of the Central Government, or, if so directed by that Government, also of the Board or any other authority or officer.
Legal Commentary & Landmark Judgments: Section 5
Section 5 of the NDPS Act governs the statutory appointment of Central Government enforcement officers, including the Narcotics Commissioner, directors, and other officers, and delineates the hierarchical command and statutory delegation of their operational powers.
In trials prosecuted by NCB, CBN, or DRI officers appointed under Section 5, object forcefully under Tofan Singh to any reliance placed on Section 67 interrogation statements. Verify whether the officer who filed the complaint under Section 36A(1)(d) held a valid gazetted notification under Section 5 on the date of filing.