- (1.) THE Appellant was one of the accused persons in TR No.53 of 2004 before the Special Court under the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the NDPS Act), Howrah.
(2.) THE Appellant was accused no.4 before the Special Court, Howrah and was charged under Section 29 of the NDPS Act along with accused no.3, Swapan Halder. Accused Nos.1 and 2, Rabi Halder and Manwara Bibi respectively were charged under Section 21 of the NDPS Act. The Appellant has been convicted under Section 29 of the NDPS Act and was sentenced to suffer rigorous imprisonment for ten years and further to pay a fine of Rs. 1,00,000/ -; in default of payment, to suffer rigorous imprisonment for two years.
(3.) THE learned Counsel for the Appellant has brought to our notice the fact that the Appellant has almost completed his sentence of ten years as he was arrested on 26th February, 2004 and has been in custody since then. He submits that the Appellant is willing to pay the fine as imposed by the Special Court immediately. Rabi Halder, a co -accused had filed Criminal Appeal No.2029 of 2013 against the dismissal of his application by this Court being CRAN no.2109 of 2013 in CRA No.148 of 2008 before the Apex Court. He had approached the High Court for grant of bail after completion of nine years eight months in custody.;