Metropolitan Magistrate Pankaj Sharma held Jitender Kumar guilty under the 2010 Delhi Prevention of Touting and Malpractices against Tourists Act, observing that it was common that outside the airport's arrival hall, "unscrupulous" auto and cab drivers lure passengers with promises of cheap hotels and usually misbehave with them.
"The absence of adequate police officials outside arrival hall gives encouragement to these unlawful activities by these law breakers.... These illegal activities also show lack of effective policing.
The court, however, did not sentence Jitender to jail but imposed a fine of Rs 2,500 on him, considering that he was poor and had shown remorse for his act.
Accepting the testimonies of police officials in the case, the court said "a policeman is as competent a witness as any other person and where testimony of policeman is trustworthy" and his plausible explanation can be relied upon.
"...They prefer not becoming witness to legal proceedings as they fear that it may become onerous and expensive venture to them in future," it said.
According to prosecution, on June 15 last year, auto rickshaw driver Jitender was found alluring passengers outside the arrival hall at Delhi Airport by saying that he will ferry them at a cheap rate despite passengers' disinterest.
