CHARLES BAGGETT RAYFIELD WAFFORD Vs. UNION OF INDIA

JUDGEMENT

(1.) Charles Baggett@Rayfield Wafford has filed this appeal against his conviction under Section 21 of the Narcotic Drugs & Psychotropic 419 Substances Act, 1985 (hereinafter referred to as the 'Act) for having been found in possession of 100 grams of Heroin, a manufactured drug, on 19.8.1987 in contravention of Section 8 of the Act, and the sentence of rigorous imprisonment for 10 years with a fine of Rs. 1,00,000.00 or in default to undergo further rigorous imprisonment for one year, vide judgment and order dated 25.3.1992 by Shri S.L. Khanna, learned Additional Sessions Judge, New Delhi.

(2.) Shri D.A. Nistane, Intelligence Officer, Narcotics Control Bureau (Narcotics Control Bureau) filed a complaint against Surinder Pal Peter Paul and Charles Baggett @ Rayfield Wafford, appellant in the Court of Additional Chief Metropolitan Magistrate, New Delhi for trial under Section 21 of the Act.

(3.) Briefly stated, the averments made in the complaint have been that in pursuance of an information received in the Narcotics Control Bureau that one Charles Baggett@ Rayfield Wafford, staying in Lord Guest House, Charles Baggett @ Rayfield Wafford-l/5, Safdarjung Development Area, New Delhi would be receiving heroin from Surinder Pal, surveillance was kept on the activities of both the aforesaid persons by the officers of Narcotics Control Bureau. On 19.8.1987 further information was received by Shri D.A. Nistane, complainant, with regard to the supply of 100 grams of heroin to the appellant by the aforesaid Surinder Pal upon which he, accompanied by Mr. K.K. Sud and other officials went to Lord Guest House, where from two independent witnesses, viz. Panna Lal Kapoor, Manager and Prakash Kapoor were joined. They all went to the room, which was under the occupation of the appellant, where Charles Baggett @ Rayfield Wafford was found present. On personal search one pink coloured polythene bag was recovered from the right hand pocket of his pant which contained 28 baloons and each one of the baloons was having some brown powder. It was taken out from the baloons and on weighing found to be 100 grams. The powder was tested with the aid of U.N. Testing Kit and was found to be heroin. Three samples of 5 grams each were taken out as 'sample' and the remaining heroin was separately sealed with the seal of 'NCB 08'. The baloons were also sealed and these were taken into possession after preparing a Panchnama. Room in occupation of the appellant was also searched wherefrom some documents were also seized.