NDPS Act |'Taxi Driver Not Expected To Give Passenger Details' : Supreme Court Acquits Driver Of Taxi From Which Contraband Was Seized

The Supreme Court recently acquitted a taxi driver who was implicated under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act), solely for failing to provide details of passengers who had carried contraband in his taxi. The Court held that a taxi driver's inability to provide details of passengers carrying contraband could not justify implicating or convicting him under the NDPS Act, as it is unreasonable to expect drivers to know such details. “The Courts below have convicted the appellant solely for the reason that the appellant was not able to give details of the passengers. Ordinarily, since it is not disputed that the appellant was a taxi driver and that the contraband was seized from the taxi while he was carrying two passengers who fled from the scene, it cannot be said with any certainty that the appellant himself was carrying the contraband or has connived to carry the said contraband in his vehicle. It was not expected of any taxi driver to give details of the passengers, as ordinarily, no taxi driver/owner before allowing the passenger to board the taxi ask for such details from the passenger(s). Moreover, no effort was made to search out the two passengers who may reveal the truth.”, the court said. The bench comprising Justices Pankaj Mithal and Ahsanuddin Amanullah was hearing the Appeal filed against the Karnataka High Court's decision affirming the trial court's decision convicting the appellant for carrying and possessing 20 Kgs 'ganza' and was directed to undergo rigorous imprisonment for ten years and to deposit a fine of Rs. 1,00,000/- (Rupees one lakh). The Appellant-Taxi driver claimed ignorance contending that the contraband belonged to the passengers who travelled in his taxi and ran away after the vehicle was stopped by the Police. Since the contraband cannot be linked to the appellant, he is not liable to be prosecuted. Setting aside the conviction, the Court noted that the prosecution failed to prove that the contraband belonged to the Appellant; moreover no efforts were made by the investigation agency to find out the absconding passengers who ran away after seeing the police. Also, the Court noticed that the Appellant's conduct in not fleeing from the taxi, and the contraband's bag lying openly in the taxi shows that the Appellant was not linked to the contraband. “Considering the fact that no incriminating material was seized from the person of the appellant and that he had not made any effort to run away, moreover, the two bags from which the contraband was seized were not found to be hidden but were rather visible, we find no material on record to link the appellant-driver with the aforesaid contraband so as to prosecute and convict him for any offence under the NDPS Act.”, the court observed. Accordingly, the Court allowed the Appeal, and acquitted the Appellant.Appearance:For Appellant(s) Mr. Manjunath Meled, Adv. Ms. Vijayalaxmi Udapudi, Adv. Mr. Anil Kumar, AOR For Respondent(s) Mr. V. N. Raghupathy, AOR Mr. Raghavendra M. Kulkarni, Adv. Ms. Mythili S, Adv. Mr. P. Ashok, Adv. Mr. Shiv Kumar, Adv. Ms. Vaishnavi, Adv.Case Title: SRI SHANKAR DONGARISAHEB BHOSALE VERSUS THE STATE OF KARNATAKACitation : 2025 LiveLaw (SC) 64Click here to read/download the orderRelated - NDPS Act| When Can Owner Of Vehicle Used To Carry Contraband Be Arrayed As Accused? Supreme Court ExplainsNDPS Act | Seized Vehicle Not Liable To Be Confiscated If Accused Used It Without Owner's Knowledge Or Connivance : Supreme Court

NDPS Act |'Taxi Driver Not Expected To Give Passenger Details' : Supreme Court Acquits Driver Of Taxi From Which Contraband Was Seized

Yash Mittal

Tags