Akil Abdul Hamid Kureshi, J.

1. These proceedings arise out of a judgment dated 31.8.2010 passed by the learned Additional Sessions Judge, Valsad in Spl. NDPS Case No. 1/2003. Originally, the four accused were charged for commission of offence under section 22 read with section 29 and for offence under section 22(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 ("the NDPS Act" for short). Accused No. 3 Prabhakar Vishnubhai Salvi expired during the trial. Remaining three accused were convicted for offence under section 22(c) of the NDPS Act and sentenced to rigorous imprisonment of 12 years. Fine of Rs. 1 lakh was also imposed. The three accused had filed individual Criminal Appeals. The Narcotic Control Bureau ("NCB" for short) had also filed Criminal Appeal No. 305/2011 for enhancement of sentences. By the time, these appeals could be taken up for hearing before the High Court, all the three accused had served out the entire sentence. Original accused No. 2 and 4 did not press their appeals against conviction. Likewise, the Narcotic Control Bureau did not press the Criminal Appeal No. 305/2011 for enhancement of sentence qua these accused, as was recorded by