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Section 75: Power to delegate

Narcotic Drugs and Psychotropic Substances Act, 1985 • Official Statutory Text & Practice Guide

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Act 1985
Section 74 All 83 Sections of Narcotic Drugs and Psychotropic Substances Act, 1985 Section 76

Legal Commentary & Landmark Judgments: Section 75

Section 75 of the Narcotic Drugs and Psychotropic Substances Act, 1985 authorizes the Central Government or State Government, by notification in the Official Gazette, to delegate its statutory powers under the Act (other than the power to make rules) to any subordinate officer or authority specified in the notification, subject to such conditions and restrictions as may be imposed. While enabling flexible administrative decentralization in managing anti-narcotics enforcement, Section 75 is strictly governed by the administrative law principle 'delegata potestas non potest delegari' (delegated power cannot be sub-delegated), ensuring that essential executive powers are not diluted down the bureaucratic chain.

  • Statutory Delegation Authority: Section 75 provides that the Central Government or State Government may, by notification in the Official Gazette, delegate any of the powers that may be exercised by it under the Act (except the power to make rules under Sections 76 and 78) to any subordinate officer or authority, subject to such conditions as may be specified.
  • Absolute Carve-Out of Rule-Making Power: The section explicitly prohibits the delegation of the legislative rule-making power. The power to frame statutory rules under Sections 76 and 78 remains exclusively within the domain of the Central and State Governments and cannot be delegated to bureaucrats or enforcement heads.
  • Conditions, Restrictions, and Prohibition of Sub-Delegation: Any delegation under Section 75 must be strictly conditioned and gazetted. The delegatee possesses only those powers specifically enumerated and cannot further sub-delegate those powers to subordinate staff without express statutory authorization.
Key Landmark Precedents:
  • Barium Chemicals Ltd. v. Company Law Board AIR 1967 SC 295: The Supreme Court affirmed the foundational principle that when a statute confers discretionary power on a particular authority, it cannot be delegated unless the statute expressly permits delegation; any delegation must strictly adhere to the terms and limits of the statutory authorization.
  • State of Punjab v. Balbir Singh (1994) 3 SCC 299: The Supreme Court observed that statutory empowerment under the NDPS Act (such as under Sections 41, 42, 53) must strictly adhere to statutory authorization, and powers cannot be exercised by unnotified officers through informal delegation.
Courtroom Practice & Strategic Litigation Guidance:

In regulatory appeals and criminal trials where an administrative action (e.g., license revocation, establishment of special detention centers, or authorization of raids) was taken by a subordinate officer, demand production of the specific Section 75 Gazette Notification. If the government failed to publish an Official Gazette notification delegating the specific power, challenge the order as ultra vires and void ab initio due to unlawful delegation.

Section 74 All 83 Sections of Narcotic Drugs and Psychotropic Substances Act, 1985 Section 76