Back
Cab Driver Breathes Free Air: Punjab HC Rules Passenger's Drugs Don't Automatically Pin Driver in NDPS Bust
In a relief for gig economy workers caught in drug hauls, the granted regular bail to Ram Kumar Pandey, a Rapido cab driver arrested alongside passengers carrying a commercial quantity of Tramadol tablets. Justice Subhas Mehla ruled that, prima facie, the contraband recovered from the rear seat belonged to the customers who booked the ride via the app—not the driver who had no prior contact with them.
This decision underscores a key principle in narcotics law: mere presence doesn't equate to conscious possession, especially when evidence points to others.
A Routine Ride Gone Wrong: The November Bust
On November 19, 2025, police at Ajitwal station in Moga district intercepted a car (CH-02AA-9293) driven by Pandey. From two bags on the back seat, they seized 800 and 700 strips—totaling 15,000 tablets—of Tramadol, a psychotropic substance under . Pandey was traveling with co-accused Aman and Mohamad Arshad, booked as Rapido passengers.
FIR No. 135 was registered, and Pandey has been in custody since November 22, 2025—over five months by the time of the May 4, 2026 hearing in CRM-M-13258-2026.
The core question: Does driving passengers with hidden contraband make the cab driver guilty of possession, absent prior links or recovery from his person?
'Innocent Driver, Guilty Passengers' vs 'Caught Red-Handed Together'
Pandey's counsel, including Atul Aggarwal and others, argued vigorously for bail:
- Pandey was falsely implicated; co-accused booked the cab via Rapido (documents annexed).
- No recovery from petitioner personally —bags were on the rear seat.
- In jail for 5 months, 11 days; clean antecedents, no other cases.
- Trial would drag on, no purpose in prolonged detention.
State counsel Sandeep Kumar opposed, highlighting:
- 15,000 Tramadol tablets = commercial quantity from the car .
- Pandey apprehended with co-accused at the time.
But under court scrutiny, the state conceded (per para 14 of reply): No prior contact between Pandey and co-accused before the booking.
Parsing Possession: Why the Court Sided with the Driver
Justice Mehla weighed the facts without opining on merits, applying the settled rule that bail is the rule, jail the exception . No precedents were cited, but the reasoning hinged on NDPS basics: proving "conscious possession" requires knowledge and control.
Key distinctions:
- Recovery from rear seat bags, booked by passengers.
- Driver as mere service provider, unaware (prima facie, per state's own reply).
- Long incarceration + clean record + delayed trial tipped the scales.
As media reports echoed,
"the contraband was recovered from a passenger who had booked the ride through the Rapido app,"
reinforcing the court's view that ownership is a trial issue.
Key Observations
"The petitioner is a cab driver and was operating a cab that had been booked by the co-accused through ‘rapido’ app. The said co-accused/customer was apprehended in possession of contraband (i.e. from rear seat)"
"As per State’s reply the petitioner was not in contact with the co-accused prior to booking of cab. So... prima facie, [contraband] seems to belong to customer of cab (i.e. co-accused and it is a moot question to be adjudicated during trial)."
"Petitioner has been behind bars since 22.11.2025 i.e. for the last 05 months and 11 days... Petitioner has clean and clear antecedents... trial is likely to take considerable time."
"As concession of bail cannot be denied just as a measure of punishment and it is a trite principle of criminal jurisprudence that bail is a rule, jail is an exception."
Freedom on Bonds: Implications for Drivers and Drug Cases
The petition was allowed: Pandey to be released on bonds satisfactory to the trial court. No further custody serves any purpose.
This ruling could shield innocent drivers in ride-hailing busts, emphasizing evidence of knowledge over proximity. Gig workers may breathe easier, but trials remain the arena for possession disputes—alerting platforms like Rapido to potential vetting needs. For NDPS enforcers, it signals: probe links before jailing drivers.
