Law Web: Supreme Court Acquits Driver Of Taxi Under NDPS Act From Which Contraband Was Seized stating that Taxi Driver is Not Expected To Give Passenger Details

Learned counsel appearing for the appellant

has drawn our attention to the statement of the

Dy.S.P. recorded on 22.02.2011, wherein he has

admitted that the offending vehicle was a taxi and

that when the said vehicle was stopped, the driver

of the vehicle made no effort to run away but the

two passengers in the car ran away. During the

search, no incriminating material was found from

the person of the appellant.

The appellant-driver took the defence that

he is totally ignorant about the contraband being

carried in his vehicle and it may belong to the

passengers who have fled from the spot. Therefore,

since the contraband cannot be linked to the

appellant, he is not liable to be prosecuted.

Moreover, the procedure prescribed for the personal

search was not followed.

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.

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.

Accordingly, the order impugned passed by

the High Court dated 27.11.2012 and that of the

Trial Court dated 01.06.2011 are hereby set aside

and the present appeal is allowed.

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 1221/2017

SRI SHANKAR DONGARISAHEB BHOSALE Vs THE STATE OF KARNATAKA

Dated: JANUARY 09, 2025.

Heard learned counsel for the parties.

The appellant is a taxi driver. On

03.06.2010 at about 08:00 p.m., while the appellant

was carrying two passengers, his taxi being Tata

India Car No. MH-10-E-3932 was stopped by the

Deputy Superintendent Police(for short, ‘Dy.S.P.’)

at Belgaum whereupon the two passengers sitting at

the back fled. The vehicle was searched and 20

kilograms of ganja which was packed in two visible

bags were seized. The appellant was prosecuted

under the Narcotic Drugs and Psychotropic

Substances Act, 1985(for short, ‘NDPS Act’) and was

convicted. He was directed to undergo rigorous

imprisonment for ten years and to deposit a fine of

Rs. 1,00,000/-(Rupees one lakh).

The appellant has already suffered seven

years and one month of actual incarceration and

presently, he is on bail.