the purpose of considering the contention. Under Section A 41 (2) only a Gazetted Officer can be empowered by the Central Government or the State Government. Such empowered officer can either himself make an arrest or conduct a search or authorize an officer subordinate to him to do so but that subordinate officer has to be superior B in rank to a peon, a sepoy or a constable. Sub-section (3) of Section 41 vests all the powers of an officer acting 1 under Section 42 on three types of officers (1) to whom a warrant under sub-section (1) is addressed, (it) the officer who authorized the arrest or search under sub-section (2) 1 C of Section 41, and (iit) the officer who is so authorized under sub-section (2) of Section 41. Therefore, an empowered Gazetted Officer has also all the powers of Section 42 including the power of seizure. Section 42 provides for procedure and power of entry, search, seizure 0 and arrest without warrant or authorization. An empowered officer has the power of entry into and search of any building, conveyance or place, break open any door, remove obstruction, seize contraband, detain, search and arrest any person between sunrise and sunset in terms provided in sub-section (1) of Section 42. In case of an 'E emergent situation, these powers can also be exercised even between sunset and sunrise without obtaining a search warrant or authorization, in terms provided in the proviso to sub-section (1) of Section 42. Sub-section (2) of Section 42 is a mandatory provision. In terms of this F provision a copy of information taken down in writing under sub-section (1) or ground recorded for the belief under the proviso thereto, .is required to be sent by the officer to his immediate superior official. It is clear from Section 41 (2) that the Central Government or State Government, as the G case may be, can only empower an officer of a gazetted rank who can either himself act or authorize his subordinate on the terms stated in the section. Under sub-section (1) of Section 42, however, there is no restriction on the Central Government or the State Government to empower H
