Page No.# 1/2 GAHC010149922026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2169/2026 MUKHESWAR TAMULI S/O LATE MONIRAM TAMULI RESIDENT OF VILL- 1 NO. DHEKIAJULI, JORIGURI, P.S. LALUK, LAKHIMPUR, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR S DEKA, MR DHIRAJ BARMAN,MR B SINHA Advocate for the Respondent : PP, ASSAM, :: BEFORE :: HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA O R D E R 02.09.2026 Heard Mr. B. Sinha, the learned counsel appearing for the petitioner. Also heard Mr. Bhaskar Sarma, the learned Addl. Public Prosecutor, Assam. 2. This is an application under Section 483 of the BNSS, 2023 whereby the petitioner Mukheswar Tamuli has prayed for bail for the second time as he is facing Page No.# 2/2 trial in Spl. (NDPS) Case No.55/2025 pending in the court of learned Special Judge, NDPS, Lakhimpur, North Lakhimpur, Assam. 3. Recovery of commercial quantity of narcotic drugs is involved in this case. 4. On 19.03.2026, bail application of the present petitioner was rejected by this Court. 5. There are two accused persons in the case. The other accused person Babul Deori has not yet appeared before the trial court and a Non-Bailable Warrant of Arrest (NBWA) has been issued against him. 6. Mr. Sinha has submitted that the petitioner has completed about 1(one) year in the judicial custody. Therefore, under Article 21 of the Constitution of India Mr. Sinha submits that the period of detention already undergone by him should be taken as a ground for releasing the petitioner on bail. 7. I have considered the submissions made by the learned counsels of both sides. 8. Commercial quantity of narcotic drugs is involved in the present case. The bar of Section 37 of the NDPS Act is applicable in this case. Therefore, the ground taken by the petitioner for allowing him to go on bail is not satisfactory and stands dismissed and disposed of accordingly. JUDGE Comparing Assistant