In any area where a Commissioner of Police has been appointed, all the powers and functions of the Magistrate under Sections. 23,24,25 and 28 may be exercised or discharged by the Commissioner of Police and all the functions of an officer-in-charge of a police station under this Act may be discharged by any police officer not below the rank of an Inspector.
Under the provisions of this section all the powers and functions of the Magistrate under Sections. 23,24,25 and 28 may be exercised or discharged by the Commissioner of Police in the area where the said office is appointed.
COMMISSIONER, IF INCLUDES "DEPUTY" OR "ASSISTANT" - It is clear that in the present case the Deputy Commissioner who acted in the matter had no power under Sec.17 of the Lunacy Act (since repealed by this Act). In any case, no such power could be conferred upon him even by the State Government. Because Lunacy Act, (since repealed by this Act) has not recognized conferment of such power upon any Deputy or Assistant to the Commissioner1.