Rigors of Section 37 NDPS Act won't apply to driver of courier service if unaware of what is being transported: Gauhati High Court

The Gauhati High Court recently granted bail to a driver of a courier company, on the ground that the rigors of Section 37 of the Narcotic Drugs and Psychotropic Substances Act (NDPS) wouldn't apply to drivers of courier services who are not aware as to what has been loaded in the vehicle they drive [Lorik Ram vs State of Assam].Section 37 bars a court from granting bail to an accused booked under the NDPS Act when commercial quantity of contraband is involved, unless the court is satisfied that there are reasonable grounds for believing that accused is not guilty and is not likely to commit any offence while on bail.Single-judge Justice Ajit Borthakur was hearing a bail application filed by one Lorik Ram, a driver engaged by the VRS Logistics Ltd. The accused argued that he wasn't aware of what was loaded in the truck and was merely discharging his duty to drop the vehicle at the point mentioned in his assignment roaster.The judge noted that even the police diary mentioned that the narcotics suppliers would have misused the vehicle."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," the bench noted.Stating that this finding of the IO is, subject to final outcome in investigation, Justice Borthakur said, "Therefore, 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.".As per the bail application, Ram was supposed to drive the vehicle from the company's unit at Gorchuk in Guwahati till Agartala. The vehicle, which he drove was carrying mouth washers, purchased by a medical agency at Varanasi, Uttar Pradesh on February 2, 2022.On February 14, Ram's vehicle was intercepted by a team of police at a special naka check post on National Highway (NH) 08, wherein 10 cartons were recovered from the truck that had Phensedyl containing 3,000 bottles of Phensedyl Cough Syrup.The prosecution pointed out that the intercepted bottles were sent for forensic tests and the reports indicated that the sample of Phensedyl Cough Syrup gave positive tests for Codeine (present as Codeine Phosphate) and contained 186.5 ml. per bottle.Accordingly, the prayer for bail was vehemently opposed highlighting the commercial quantity of the seized samples.The judge, however, noted that the accused driver wasn't aware of the material that was loaded in the truck and also that he was in prison for over 104 days and, therefore, granted him bail on surety of ₹50,000..Advocate Sanjay Mitra appeared for the accused while the State was represented by additional public prosecutor RJ Baruah. .[Read Order]