IMPORTANT POINTSIt is necessary to indicate the reasons while imposing a sentence of imprisonment higher than the minimum, why such a sentence of imprisonment was thought necessary.

JUDGMENT :

1. Leave granted.

2. This appeal is against a judgment and order dated 26-03-2018 passed by the High Court of Chhattisgarh at Bilaspur in CRA No. 113 of 2012 upholding the conviction of the Appellant under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act).

3. It was the case of the Prosecution that on 14-09-2009, the Police received secret information that certain persons were transporting ‘Ganja’ in a Maruti Omni Van and a Truck. Three persons were apprehended from the Maruti Omni Van for transporting 26 kgs of ‘Ganja’. These three persons in the Maruti Van were later acquitted.

4. After searching the Maruti Omni Van and apprehending these persons, a truck bearing Number 38 L 999 of which the Appellant had been an employee, was intercepted. The Driver of the Truck, T. Narsaiya (since deceased) tried to escape, but was apprehended and the said truck was searched.

5. In course of the search, 3327 kgs of ‘Ganja’ was found concealed in the said truck, with Onion bags. The driver T. Narsaiya, since deceased and the Appellant were taken into custody and criminal proceedings initiated against them under the NDPS Act.

6. By a judgment and order dated 14.12.2011, the Special Judge, NDPS Act, Bastar at Jagdalpur found the Appellant and the said Narsaiya (since deceased) guilty under Section 20(b)(ii)(C) of the NDPS Act and sentenced them to maximum punishment of 20 years of rigorous imprisonment and fine of Rs. 2 lacs. Both Narsaiya (since deceased) and the Appellant appealed to the High Court. While the appeal in the High Court was pending, Narsaiya died.

7. By the impugned judgment and order dated 26-3-2018, the High Court affirmed the conviction of the Appellant but modified the sentence to 15 years rigorous imprisonment instead of 20 years and reduced the fine to Rs. 1 lac from Rs. 2 lacs. Aggrieved by the judgment and order impugned, the Appellant has approached this Court. The Appellant has preferred a jail petition and Ms. Priyanjali Singh, learned counsel has been appointed as an Amicus Curiae on his behalf.

8. The Prosecution has successfully established that over 3,300 kgs of ‘Ganja’ that is cannabis, a narcotic drug was illegally being transported in the aforesaid truck bearing Number 38 L 999.

9. The Appellant was in the vehicle when the said vehicle was intercepted by the police.

10. Ms. Priyanjali Singh strenuously argued that the Appellant, who was not the owner of the truck, but only a poor conductor, 22/23 years of age at the time of the incident, could not possibly have committed the offence alleged. He was not even aware of the fact that ‘Ganja’ was being carried in the truck in question.

11. Under Section 20(b) whoever produces, manufactures, possesses, sells, purchases or even transports cannabis (including ‘Ganja’) is punishable with imprisonment for a term which may not be less than ten years, but might extend to twenty years, and fine in addition to imprisonment, which shall not be less than one lakh but might extend to two lakh rupees.

12. Having regard to the huge quantity (3332 kgs.) of ‘Ganja’ (cannabis) carried on the truck, it is difficult to accept Ms. Priyanjali Singh’s argument that the Appellant, an employee of the truck, described as a conductor, but actually a helper, was not even aware of the fact that ‘Ganja’ was being carried in the truck. The truck was almost full of ‘Ganja’ camouflaged with only a few bags of onions at the top.

13. After going through the impugned judgment and order of the High Court, the judgment and order of the Trial Court and after hearing Ms. Priyanjali Singh, learned Amicus Curiae, and Dr. Rakesh Pandey, learned counsel appearing on behalf of the State of Chhattisgarh, we do not find any cogent ground to interfere with the concurrent findings of the High Court and the Trial Court convicting the Appellant of offence under Section 20(b)(ii)(C) of the NDPS Act.

14. The Trial Court imposed maximum punishment of rigorous imprisonment for t