Taxi Drivers Don't Ask For Details Before Allowing Passengers To Board: SC While Acquitting Taxi Driver In NDPS Case
|The case dates back to 2010, when the appellant was stopped by the Police, when passengers fled the scene leaving behind two visible bags in the vehicle, which were later found to contain the contraband.
The Supreme Court has acquitted a taxi driver convicted under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act), overturning the rulings of both the Trial Court and the High Court.
The Bench of Justice Pankaj Mithal and Justice Ahsanuddin Amanullah observed, "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 appellant, who had already served seven years and one month of a 10-year sentence, had been accused of carrying 20 kilograms of ganja in his taxi.
The case dates back to June 3, 2010, when the appellant, driving Tata India Car No. MH-10-E-3932, was stopped by the Deputy Superintendent of Police (Dy.S.P.) in Belgaum. Two passengers fled the scene, leaving behind two visible bags in the vehicle, which were later found to contain the contraband. While the appellant was arrested and prosecuted, he maintained his ignorance about the contents of the bags, arguing that the ganja belonged to the passengers who fled.
During the hearing, Advocate Manjunath Meled appeared for the petitioner, and Advocate V. N. Raghupathy (AOR) appeared for the respondent.
The Bench noted several key points in the appellant's defense:
1. No incriminating material was found on the appellant's person.
2. The contraband was in plain sight and not hidden.
3. The appellant, a taxi driver, was not expected to collect personal details of passengers.
4. There was no evidence to establish the appellant’s knowledge or involvement in carrying the contraband.
The Court also highlighted procedural lapses, particularly the failure to search for or investigate the passengers who fled the scene. The Dy. D.S.P.’s statement corroborated that the appellant did not attempt to escape when the vehicle was stopped.
"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 Bench observed.
The Court set aside the orders of the High Court (dated November 27, 2012) and the Trial Court (dated June 1, 2011), allowing the appeal and discharging the appellant’s bail bonds and sureties. "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. The bail bonds and sureties stand discharged," the Court ordered.
Cause Title: Sri Shankar Dongarisaheb Bhosale vs The State Of Karnataka [CRL. A. NO. 1221/2017]
Appearance:-
Petitioner: Advocates Manjunath Meled, Vijayalaxmi Udapudi, Anil Kumar (AOR)
Respondent: Advocates V. N. Raghupathy (AOR), Raghavendra M. Kulkarni, Mythili S, P. Ashok, Shiv Kumar, Vaishnavi
Click here to read/download the Order