NDPS Act | Mere Presence Of Contraband In Taxi Doesn't Prove Driver's Guilt: Himachal Pradesh High Court

The Himachal Pradesh High Court has held that a taxi driver cannot be held liable for possession of contraband under the NDPS Act merely because illegal substances were found in the vehicle he was driving, when there is no prima facie evidence showing that he had knowledge or involvement in its transportation.Justice Rakesh Kainthla: “The status report does not show that the petitioner has criminal antecedents. The material on record is prima facie insufficient to connect the petitioner with the commission of a crime; therefore, it cannot be said that he would indulge in the commission of a crime in case of his release on bail.”The petitioner, Amarnath, was arrested along with two passengers in his taxi after the police stopped his taxi near District Bilaspur. During search, the police recovered 1.511 kg of charas from a bag that one of the co-accused tried to conceal. The petitioner contended that he was innocent as he was a taxi driver, and was hired by the co-accused to take them to Chandigarh. He submitted that he did not know anything about the transportation of the charas.The Court observed that the circumstances do not show that the petitioner had any knowledge about the possession of the charas. He did not try to speed away after the police signalled him to stop the vehicle; rather, he stopped the vehicle. He produced the documents, as any driver would do.In Sri Shankar Dongarisaheb Bhosale Vs. State of Karnataka, 2017, the Supreme Court held that when the contraband was not hidden in the taxi but was visible, the taxi driver cannot be convicted.Further, the court noted that the Status report shows that the petitioner had no criminal antecedents and no material was placed to show that he would commit a similar offence if released. Thus, the High Court allowed the bail petition. Case Name: Amar Nath v/s State of Himachal Pradesh. Case No.: Cr. MP (M) No.1169 of 2025Date of Decision: 16.07.2025For the Petitioner: Mr.Ajay Kochhar, Senior Advocate with Mr. Varun Chauhan, AdvocateFor the Respondent/State: Mr. Lokender Kutlehria, Additional Advocate GeneralClick Here To Read/Download Order

NDPS Act | Mere Presence Of Contraband In Taxi Doesn't Prove Driver's Guilt: Himachal Pradesh High Court

Mehak Aggarwal

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