Kiran Raj

The Supreme Court set aside convictions of a taxi driver accused under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, and acquitted him of all charges. The court found insufficient evidence linking the driver to the contraband seized from his taxi and held that the prosecution failed to prove its case beyond reasonable doubt.

The appellant, a taxi driver, was arrested on June 3, 2010, after law enforcement officials discovered 20 kilograms of ganja in his taxi during a routine stop in Belgaum, Karnataka. The vehicle, bearing registration number MH-10-E-3932, was intercepted at around 8:00 PM by the Deputy Superintendent of Police (Dy.S.P.). Upon stopping the vehicle, the two passengers fled the scene, leaving behind the contraband packed in visible bags.

The appellant was charged under the NDPS Act and subsequently convicted by the Trial Court on June 1, 2011. The High Court upheld this conviction on November 27, 2012. The driver was sentenced to 10 years of rigorous imprisonment and fined ₹1,00,000. Having already served over seven years in prison, the appellant was on bail when the matter reached the Supreme Court.

The appellant’s counsel argued that the driver had no knowledge of the contraband carried in his taxi, asserting that the narcotics likely belonged to the passengers who had fled. It was submitted that no incriminating material was found on the appellant’s person and that the contraband was neither concealed nor hidden but rather openly visible in the vehicle.

Additionally, the counsel highlighted procedural lapses, including the failure to follow the prescribed protocol for conducting personal searches under the NDPS Act.

The prosecution maintained that the appellant’s inability to provide details of the passengers was evidence of his complicity. However, it was admitted during cross-examination that no effort had been made to trace or identify the two passengers who fled the scene.

The Supreme Court observed that the lower courts had based their convictions on the appellant’s failure to identify the passengers. Justice Pankaj Mithal and Justice Ahsanuddin Amanullah stated: “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 passenger(s).”

The court further recorded that the appellant made no attempt to flee and that no incriminating material was found on his person. The judgment noted: “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 also criticized the lack of investigation to trace the absconding passengers, stating that such efforts could have clarified the case.

The Supreme Court allowed the appeal, setting aside the judgments of the Trial Court and the High Court. The court acquitted the appellant of all charges under the NDPS Act, discharged his bail bonds, and nullified the sureties. Pending applications were also disposed of.

Appearance

For the appellant(s): Adv. Mr. Manjunath Meled, Adv. Ms. Vijayalaxmi Udapudi, Adv. Mr. Anil Kumar (AOR)

For the respondent(s): Adv. Mr. V. N. Raghupathy (AOR), Adv. Mr. Raghavendra M. Kulkarni, Adv. Ms. Mythili S, Adv. Mr. P. Ashok, Adv. Mr. Shiv Kumar, Adv. Ms. Vaishnavi

Case Title: Sri Shankar Dongarisaheb Bhosale v. The State of Karnataka
Case Number: Criminal Appeal No. 1221/2017
Bench: Justice Pankaj Mithal and Justice Ahsanuddin Amanullah

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