A TAXI driver who had been charged with having a knife and class A drugs in his car has been acquitted after a sheriff ruled police had insufficient cause to stop and search him.

Ian Callaghan was accused of being in possession of cocaine and a blade when he was pulled over by plain clothes officers in Port Glasgow last year.

A summary trial at Greenock Sheriff Court heard this week that the 55-year-old was detained at the Burger King drive-through after three PCs travelling in an unmarked car noticed a 'strong smell of cannabis' coming from the private hire Volkswagen Passat in front.

Prosecutor Kirstin Brierley dropped the charge relating to class A possession on the day of the trial, deciding instead to pursue a conviction on the alleged bladed weapon offence alone.

However, Sheriff Anthony McGeehan dismissed the Crown's case when he judged that a small lockback knife, which was found inside the cab and presented as evidence, was inadmissible as officers did not have reasonable grounds to carry out the search.

The trio of officers - two female constables and a male who is now a sergeant - took to the witness stand on Monday to state that they noticed a smell of cannabis coming from Callaghan's grey Passat in the afternoon of May 17, 2023.

The first police witness, who was sitting in the front passenger seat of the unmarked car behind, said: "We got a smell of cannabis and thought it was coming from this vehicle.

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"The car was right in front of us.

"Both vehicles were moving and we had our windows open because it was quite a hot day. The Passat also had a window open.

"We called to request a marked car to attend but the vehicle came to a stop before it arrived.

"We wanted to establish if there was cannabis in the vehicle because it was a pretty strong smell."

Callaghan, who was the sole occupant, was detained for a search.

Nothing was found on him but a locking knife with a blade estimated at around 5cm in length was recovered in a black pouch from the central sunglasses holder inside his car.

No cannabis was found in the vehicle - despite the PC noting that the smell of the drug 'increased as we approached the car'.

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The officer said Callaghan 'didn't appear to be under the influence' and as a result, a roadside DrugWipe test was not carried out.

The male sergeant testified to being alerted to a 'steady stream of cannabis' while travelling behind Callaghan's car for a few minutes.

However, he said he was 'satisfied that the driver presented lucid' and claimed the officers spent no more than 10 minutes with Callaghan during the stop and search.

The third PC witness, who also described 'a strong smell of cannabis', contradicted her colleague's testimony and claimed they had been with Callaghan for around 40 minutes and that a strip search back at the police office had not been discussed.

She told the court a thorough search could not be completed in five or 10 minutes.

Callaghan's solicitor, Amy Spencer, questioned the legality of the stop and search, and Sheriff McGeehan supported the solicitor's submission.

The sheriff said he was 'not satisfied from the evidence that officers had reasonable grounds for a search' and found Callaghan, of Heron Road, not guilty of the charges.