RAJENDRA PRASAD (ADVOCATE AT SECUNDERABAD BAR ASSOCIATION HYDERABAD TELANGANA STATE ) 30 December 2018
RESPECTED MEMBERS,
without the consent of the owner, the car driver is smuggling ganja in the car. then police arrested by the car driver. what is the liability of the owner? then owner also punishable under NDPS act or not? or is a witness? can owner issue a legal notice to a driver is reliable?
Pawan S (Advocate) 31 December 2018
The owner is liable if the act or wrongdoing is under the consent or permission of the owner. Under civil and criminal law, the relationship between the car owner and driver is defined as 'master' and 'servant' and the master cannot be held liable for the wrongdoing of the servant, unless it is proved it was done under such consent or permission by the master.
Prima facie the Owner of the driver will also be accountable but he need to defence based on the circumtances. Like, is there any monetory transacton or any transaction of immovable property held between the Owner and the driver.
Did the owner made any kind of written agreement with the driver prior to give him the permission to drive the car for him?
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