ORDER : Dipak Misra, J. This is an application seeking exemption from surrendering. 2. Learned counsel for the petitioner submits that the petitioner was prosecuted under Sections 8(c), 21 and 29 of the Narcotic Drugs and Psychotropic Substance Act, 1985 and during the trial of the said case, he had remained in judicial custody for almost five years. It is urged by him that in the present case which is under Section 307 IPC he has been convicted to suffer rigorous imprisonment for five years and under the circumstances he is entitled to the benefit under section 428 of the Code of Criminal Procedure. 3. Having heard the learned counsel for the petitioner the application seeking exemption from surrendering stands allowed. 4. Matter be listed before the appropriate Bench.