ORDER

Leave granted.

2. Heard both sides.

3. The main grievance of the appellant is that his counsel was absent and not heard any one on his behalf by the High Court when his appeal was disposed of finally on 19th August, 2008. The impugned order also shows that none appeared for the appellant whereas the State was represented by the Deputy Advocate General.

4. The appellant-accused has filed Criminal appeal No. 1440-SB of 2001 before the High Court against the conviction and sentence under the Narcotic Drugs and Psychotropic Substances Act imposed by the Special Court, Hoshiarpur. The Special Court sentenced him to 10 years rigorous imprisonment and imposed a fine a Rs. 1 lakh. Though the High Court has considered the grounds raised in the memorandum of appeal, considering the fact that the appellant-accused was behind the bar and could not make alternative arrangement and the Court has also not arranged a counsel at the State expense and in view of sentence, i.e. 10 years rigorous imprisonment and a fine of Rs. 1 lakh, we intend to give one more opportunity to the appellant-accused to put forth his case through a lawyer in the High Court.

5. It is useful to refer a three Judge B