Section 37 NDPS Act won't apply to driver if unconscious about contraband: Gauhati High Court

The Gauhati High Court in recent judgement (Lorik Ram vs State of Assam DD 27th May 2022 ) granted bail to a driver by stating that  that Section 37 of the NDPS wouldn't apply to drivers of courier services who are not aware as to what has been loaded in the vehicle they drive  

The accused argued that he was not aware of what was loaded in the truck and was merely discharging his duty by droping the vehicle at the point mentioned in his assignment. 

High Court observed that It transpires (from diary entry) that the accused is the driver of truck of VRL Logistics and it is his duty to deliver the consignments of various goods loaded by the said company to the consignee as per challan. After thorough investigation, the investigating officer in his note, dated March 7, noted that ‘narcotic suppliers/peddlers’ misused the ‘vehicles of VRL Logistics to fulfil their malicious intent’, which were just carried by the accused driver. 

And Held that  this Court is prima facie of the opinion that rigors of Section 37 of the NDPS Act are not attracted in the peculiar backdrop of facts and circumstances concerning the present accused. 

D.D: - 27 May 2022 

LORIK RAM   V/S  THE STATE OF ASSAM