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IN THE HIGH COURT OF ALLAHABAD
N. S. GUPTA
LAWRENCE JOHN DOWSER - Appellant
Versus
UNION OF INDIA - Respondents
CRI. MISC. APPLN. 765 Of 1994
Decided On : 08/20/1997
NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1985 - SECTION 21 - POSSESSION OF HEROIN - CONVICTION - EVIDENCE - SUFFICIENCY - PRESUMPTION UNDER SECTION 54 - SENTENCE - MINIMUM SENTENCE PRESCRIBED IN LAW AWARDED - NO SCOPE FOR INTERFERENCE.
Fact of the Case:
The appellant, a Canadian national, was found in possession of 7.700 grams of Heroin in his hotel room. He was convicted under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and sentenced to 10 years' rigorous imprisonment and a fine of Rs. 1 lakh.
Finding of the Court:
The court found that the prosecution had proved beyond reasonable doubt that the appellant was in exclusive possession of the Heroin and that he had failed to account for its possession. The court also found that the investigation was fair and that the link evidence was sufficient.
Issues: 1. Whether the prosecution had proved beyond reasonable doubt that the appellant was in exclusive possession of the Heroin. 2. Whether the investigation was fair. 3. Whether the link evidence was sufficient. 4. Whether the sentence awarded by the trial court was appropriate.
Ratio Decidendi: 1. The court held that the prosecution had proved beyond reasonable doubt that the appellant was in exclusive possession of the Heroin. The court relied on the following evidence: (i) the appellant was found in possession of the Heroin in his hotel room; (ii) the appellant failed to account for its possession; (iii) the appellant had a balance and weights in his room, which are commonly used for weighing and measuring drugs; (iv) the appellant had used and unused hypodermic needles in his room, which are commonly used for injecting drugs. 2. The court held that the investigation was fair. The court noted that the officers of the Narcotics Bureau who conducted the investigation were not police officers and that an admission before them is binding. 3. The court held that the link evidence was sufficient. The court noted that the samples of Heroin were sealed on spot and that they were duly sent in a sealed cover to the Chemical Examiner. The court also noted that the Chemical Examiner's report confirmed that the samples contained Heroin. 4. The court held that the sentence awarded by the trial court was appropriate. The court noted that the minimum sentence prescribed in law was awarded to the appellant.
Final Decision: The court dismissed the appeal.
( 1 ) LAWRENCE John Dowser, aged about 35 years, who claimed to be a Science Graduate and was a Canadian national was found in possession of 7. 700 grams of Heroin in Room No. 207 of Hotel Buddha Ram Katora, Police station Chetganj, District Varanasi. He was accordingly convicted under Section 21 of the N. D. P. S. Act and was sentenced to undergo R. I. for a period of the ten years and to pay a fine of Rs. One lac and in default of the payment of the same to further undergo R. I. for a period of two years vide Judgment and order dated 30-4-1994, passed by Sri Chandra Prakash, the then VIIIth Additional Sessions Judge, Varanasi. Feeling aggrieved by the said judgment the appellant Lawrence John Dowser has come in appeal up before this Court.
( 2 ) THE prosecution claimed that R. K. Singh, P. W. 1, who was then posted as Intelligence Officer at Narcotics Control Bureau, Varanasi received information on 14-5-94 to the effect that a Canadian national named Lawrence John Dowser was staying at Buddha Hotel, Ram Katora, Varanasi and was involved in illicit trade of selling Heroin. He made a memorandum of the said information and informed the Director Narcotics Control Bureau, Varanasi. Mr. O. P. Rana, Assistant Director, Narcotics Control Bureau, Varanasi headed the raiding party which consisted of V. K. Singh, Inspector, Central Excise, PW. 2, R. K. Singh, P. W. 1, Shivaji Srivastava, R. K. Srivastava, H. C. Yadav and S. N. Tripathi. The raiding party reached Buddha Hotel at about 6. 00 P. M. on 14-5-93 and contacted Govind Ram Srivastava, (P. W. 3), Manager of Budhana Hotel and Uma Shanker Gangulay resident of Nati Imli, Varanasi. The officers of the raiding party disclosed their identity to these persons. P. W. 1, R. K. Singh asked Sri Govind Ram Srivastava, Manager, Buddha Hotel that they have got confirmed information to the effect that the Canadian National who was staying in Room No. 207 in his Hotel was illegally possessing Heroin and that they wanted to take search of the said room. Sri Govind Ram Srivastava, P. W. 3 and Uma Shanker Gangulay agreed to witness the said recovery. Sri R. K. Singh, P. W. 1 went to Room No. 207 of Buddha Hotel. He knocked the door, which was opened by the accused appellant Lawrence John Dowser. Sri R. K. Singh, P. W. 1 gave introduction of the raiding party to the accused appellant and asked him to take search of the room in which the accused appellant was staying. He also offered to the accused appellant that if he so desired, he could take the personal search of Sri R. K. Singh P. W. 1 and the other members of the raiding party. He also informed the accused appellant that Sri O. P. Rana, Assistant Director was a Gazetted Officer. It was also offered that the accused could be searched in the presence of the Gazetted officer, or Magistrate, if he so liked, But the accused appellant agreed for search by Sri R. K. Singh, P. W. 1 and V. K. Singh, P. W. 2 Sri R. K. Singh, P. W. 1, first of all took personal search of the accused appellant, but nothing incriminating was recovered from his person. He thereafter searched out the room in the presence of other members of the raiding party and witnesses. He found a bag made in Taiwan. He found four small polythene packets which contained powder which was grey in colour. Sri R. K. Singh, P. W. 1, with the help of the test kit, which he was carrying tested the said packets and found that the said packets contained Heroin. He weighed all the four packets and found the total weight of Heroin as 7. 700 gms. Sri R. K. Singh, P. W. 1 found small balance of A. M. Master and Company, Bombay. He also found weights of 20 gms, 10 gms. 5 gms, 2 gms and 1 gm. He also found three weights of 500 mgs. two weights of 200 mgs two weights of 100 mgs. and three rolled packets of polythene, one spoon, one Churi, six used Hypodermic needles and one unused Hypodermic needle. He also found a paper containing addressess, passport bearing No. MB-339068 and an Air Tic
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