Shimla, July 25 (UNI) Himachal Pradesh High Court has granted bail to a cab driver who was arrested under the Narcotic Drugs and Psychotropic Substances (NDPS) Act after police recovered 1.511 kilograms of charas from a passenger’s bag in his vehicle.
The court observed that there was no prima facie evidence to link the driver to the offence.
A single bench of Justice Rakesh Kainthla, presiding over the case, ruled that the mere fact that the petitioner was driving the vehicle at the time of seizure was not sufficient to implicate him.
The judge noted that the driver’s conduct during the police check was consistent with that of someone unaware of any illegal activity.
“He complied with directions, stopped the vehicle when signaled, and produced the necessary documents, as any driver would do,” the Court said. It also noted that the police status report did not contain any material suggesting that the petitioner behaved abnormally.
During a routine nakabandi, the vehicle was intercepted, and one of the passengers seated next to the driver attempted to hide a bag. The bag was later found to contain charas, leading to the arrest of all three occupants, including the driver.
The petitioner submitted that he had no knowledge of the contents of the bag and was merely performing his professional duties.
He also emphasized that he had no prior criminal record, and there was no evidence—such as call records or financial transactions—linking him to the co-accused.
Referring to the Supreme Court’s judgment in Sri Shankar Dongarisaheb Bhosale v. State of Karnataka (2017), the High Court reiterated that when contraband is not hidden but visibly carried by a passenger, the driver cannot be presumed to have knowledge or intent to commit the offence.
The Court also examined the issue of non-communication of grounds of arrest but deferred a ruling on it, citing that the matter is pending before the Supreme Court.
The bail was granted subject to several conditions, including that the petitioner shall not tamper with evidence, will attend all hearings, surrender his passport if any, and keep police informed of his whereabouts and contact information.
The order was passed on July 16, 2025, and a copy was directed to be sent to the Jail Superintendent, District Open Air Jail, Bilaspur, and the concerned Trial Court for immediate compliance.
