Taxi drivers cannot be expected to ask for passenger details before letting them board: SC in NDPS case
Last Updated on January 15, 2025 by Shianjany Pradhan
Background
The case originated on 3rd June 2010, when the appellant who was driving, was stopped by the Deputy Superintendent of Police in Belgaum. The 2 passengers in the taxi fled the scene, leaving behind two bags, which were found to contain 20 kilograms of ganja. The driver, who had already served over seven years of a 10-year sentence, consistently, asserting that the contraband belonged to the absconding passengers and he was unaware
Observation
The Bench comprised of Justice Pankaj Mithal and Justice Ahsanuddin Amanullah
It was emphasized that it is unreasonable to expect taxi drivers to collect personal details from passengers before allowing them to board.
The Court also noted the lack of effort to locate the passengers who fled the scene that could have offered clarification
During the hearing, Advocate Manjunath Meled represented the appellant, while Advocate V. N. Raghupathy appeared for the respondent. The Court considered several factors in favor of the appellant.
It was highlighted that no incriminating material was found on his person, the contraband was openly visible and not concealed, and as a taxi driver, he was not expected to collect the personal details of passengers.
The Court further noted the absence of evidence linking the appellant to the contraband or proving his knowledge of its presence, while also pointing out procedural lapses, such as the failure to investigate the fleeing passengers who could have clarified the case.
The Bench also pointed out procedural lapses, including the failure to investigate the fleeing passengers.
It was corroborated by the Deputy Superintendent’s statement that that the appellant did not attempt to flee when the vehicle was stopped.
Conclusion
The Court concluded that the evidence on record did not establish the appellant’s involvement or knowledge of the contraband, rendering his conviction under the NDPS Act unjustified.
The Supreme Court acquitted the taxi driver convicted under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act), overturning the earlier decisions of both the Trial Court and the High Court.
