Page No.# 1/4 GAHC010138592025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2055/2025 ANJAR HUSSAIN SON OF LT. JUNAID ALI R/O VILL- JURIA P.S. JURIA DIST. NAGAON ASSAM VERSUS THE STATE OF ASSAM REP BY THE LEARNED PP ASSAM ------------ Advocate for : MR SARFRAZ NAWAZ Advocate for : PP ASSAM appearing for THE STATE OF ASSAM BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 17.09.2025 1. Heard Mr. S. Nawaz, learned counsel for the petitioner. Also heard Ms. N. Das, learned Additional Public Prosecutor for the State. 2. This application under Section 483 of BNSS has been filed by the petitioner, namely, Anjar Hussain who has been detained behind the bars since Page No.# 2/4 08.12.2024 in connection with Nagaon P.S. Case No. 1156/2024 under Sections 61(2)/123 of BNS read with Sections 21(a)/25/27(a)/29 with added Section 21(c) of the NDPS Act, 1985. 3. The gist of accusation in this case is that on 07.12.2024, one Sumitra Saikia had lodged an FIR before the Officer-in-charge of Nagaon Police Station, inter alia, alleging that an information has been received through reliable sources that the petitioner and his associates have procured suspected heroin from Dimapur and taking shelter in Nagaon near Polytechnic, Ananda Nagar in a rented premises. Accordingly, a search operation was conducted in the rented premises and 0.98 grams of heroin was recovered from the possession of the petitioner. Later on, during the course of the investigation, 532.46 grams of heroin found in the vehicle used by the petitioner. 4. The learned counsel for the petitioner has submitted that the petitioner is seeking bail in this case on the ground of completion of the statutory period of detention prescribed under Section 36A of the NDPS Act read with Section 187 of the BNSS. 5. The learned counsel for the petitioner submits that the petitioner had completed 180 days of detention on 06.06.2025. However, before the said date, his period of detention was extended on an application under Section 36A(4) of the NDPS Act, 1985 filed by the Public Prosecutor. The said extension order was passed on 03.06.2025 in Nagaon P.S. Case No. 1156/2024 by the learned Special Judge, Nagaon. The learned counsel for the petitioner has submitted that the petitioner had impugned the aforesaid order by preferring a criminal petition which was registered as Criminal Petition No. 760/2025 and the said Page No.# 3/4 impugned order has been set aside by this Court today itself, i.e., on 17.09.2025 and, therefore, the learned counsel for the petitioner submits that as the order by which extension of detention of the petitioner beyond 180 days was granted has been set aside, the petitioner is entitled to be released on default bail. 6. The learned counsel for the petitioner has submitted that though this bail application was filed during the period of investigation, however, in the meanwhile, the charge-sheet was laid on 26.06.2025. He submits that as the petitioner was entitled to default bail prior to laying of this charge-sheet and has also filed the bail application seeking the default bail, he is entitled to get default bail. 7. The learned Additional Public Prosecutor submits that since the order dated 03.06.2025 by which the period of detention of the petitioner was extended beyond 180 days has been set aside in Criminal Petition No. 760/2025 by this Court today itself, she has no further submissions. 8. I have considered the submissions made by the learned counsel for both sides. 9. Since, the petitioner is facing trial in a case where, inter alia, offence under Section 21(c) of the NDPS Act, 1985 is involved, the maximum statutory period of detention under Section 36A of the NDPS Act, 1985 read with Section 187 of BNSS is 180 days. Further, the order by which extension of period of detention of present petitioner beyond 180 days has been set aside by this Court in Criminal Petition No. 760/2025, the petitioner is entitled to get default bail in this case. Page No.# 4/4 10. Accordingly, the above named petitioner is allowed to go on bail of Rs.1,00,000/- (Rupees One Lakh only) with two sureties of like amount, subject to the satisfaction of the learned Special Judge, Nagaon, with following conditions: i. That the petitioner shall co-operate in the trial; ii. That the petitioner shall appear before the Trial Court as and when so required by the Trial Court; iii. That the petitioner shall not directly or indirectly make any inducement, threat, or promise to any person who may be acquainted with the facts of the case, so as to dissuade such person from disclosing such facts before the Trial Court in the trial pending against the present petitioner; iv. That the petitioner shall provide his contact details including photocopies of his Aadhar Card or Driving License or PAN card as well as, mobile number, and other contact details before the Trial Court; v. That the petitioner shall not leave the jurisdiction of the Trial Court without prior permission of the Trial Court and when such leave is granted by the Trial Court, the petitioner shall submit his leave address and contact details during such leave before the Trial Court; and vi. That the petitioner shall not commit any offence while on bail. 11. This bail application is accordingly dispose of. JUDGE Comparing Assistant