New Delhi, Jan 14 The Supreme Court has acquitted a taxi driver, who was booked under the NDPS Act and was in jail for seven years for the sole reason that he was unable to give details of the passengers carrying contraband.
As per the prosecution, in June 2010, when the appellant’s taxi was stopped by the Deputy Superintendent Police (Dy SP) at Karnataka’s Belgaum, 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(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.
In its order, the apex court noted that the appellant has already suffered seven years and one month of actual incarceration and is presently, out on bail. The appellant referred to the statement of the Dy SP, where he had admitted that the offending vehicle was a taxi and that when it 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 took the plea 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, further contended the appellant.
“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,” said a bench of Justices Pankaj Mithal and Ahsanuddin Amanullah of the top court.
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 asks for such details from the passengers, added the Justice Mithal-led Bench.
“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,” said the Supreme Court as it set aside the conviction order passed by the trial court and subsequently, upheld by the Karnataka High Court.
“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 apex court ordered.
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