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 ord