The Supreme Court acquitted a taxi driver accused under the NDPS Act, ruling that mere inability to provide passenger details is insufficient for conviction without clear evidence linking him to the contraband.

The Supreme Court of India recently delivered a significant judgment, acquitting a taxi driver who had been convicted under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). The conviction was based solely on the driver’s inability to provide details about the passengers who were allegedly carrying contraband in his taxi. The Court held that this expectation was unreasonable and set aside the lower courts’ decisions, reinforcing the need for solid evidence linking the accused to the contraband.
Supreme Court's Observations
- The bench comprising Justices Pankaj Mithal and Ahsanuddin Amanullah pointed out the flaws in the lower courts’ reasoning, emphasizing that the conviction was based on weak evidence.
- It noted:
“The appellant was convicted solely because he could not provide details of his passengers. No taxi driver is expected to ask for passenger details before allowing them to board.” - The Court criticized the investigation for failing to locate the two absconding passengers who fled after the vehicle was stopped by the police. The judgment highlighted:
“No effort was made to identify or search for the passengers who might have revealed the truth. The contraband found in the taxi cannot, by itself, implicate the appellant.” - The Court also observed that the contraband was openly placed in the taxi, and the appellant did not flee the scene, which indicated his innocence:
“No incriminating material was seized from the appellant. The contraband was visible and not hidden, and the appellant made no attempt to escape.”
Background of the Case
- The appellant, a taxi driver, was convicted by the trial court and the Karnataka High Court for allegedly carrying 20 kg of 'ganza' in his taxi under the NDPS Act.
- The prosecution’s case rested on the argument that the driver was complicit in transporting the contraband, even though the passengers fled upon seeing the police.
- The appellant consistently maintained his innocence, arguing that the contraband belonged to the passengers, and he had no knowledge of it.
Supreme Court’s Ruling
- The Court found the conviction unsustainable due to the prosecution’s failure to provide direct evidence linking the contraband to the appellant.
- It noted that the investigation agency’s negligence in pursuing the absconding passengers weakened the case significantly.
- The bench stated:
“Considering the fact that no incriminating material was seized from the appellant and that he did not attempt to flee, we find no material to link the appellant with the contraband under the NDPS Act.” - Allowing the appeal, the Supreme Court acquitted the appellant and set aside the judgments of the lower courts.
Case Title: SRI SHANKAR DONGARISAHEB BHOSALE VERSUS THE STATE OF KARNATAKA
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