Page No.# 1/4 GAHC030001982026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./27/2026 Sh. Ngurchhingpuia S/o Vanlalliana R/o Kanan Veng, Champhai, Mizoram VERSUS The State of Mizoram and Anr. R/b the Secretary to the Govt. of Mizoram, Home Department, Aizawl 2:ASI Lalthabuanga (Complainant Advocate for the Petitioner : Mr. Lalrokunga Pautu Advocate for the Respondent : P.P./Addl.PP, Mizoram BEFORE HON’BLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 24.04.2026 1. Heard Mr. Lalrokunga Pautu, learned counsel for the petitioner. Also heard Ms. Linda L. Fambawl, learned Public Prosecutor for the State respondents. Page No.# 2/4 2. This application under Section 483 of BNSS, 2023, has been filed by the petitioner, namely, Sh. Ngurchhingpuia, who has been detained behind the bars since 19.02.2023, in connection with Criminal Trial No. (NDPS) 298/2023, pending before the Court of learned Special Judge, Lunglei. 3. The learned counsel for the petitioner has submitted that the Court of learned NDPS, Special Judge, Lunglei had granted bail to the other accused persons who were arrested in connection with this case, however, the petitioner is languishing behind the bar since the date of his arrest. He further submits that presently, the designated Court of Special Judge, Lunglei, which is also the Court of learned Additional District and Session Judge, Lunglei is vacant and as such, the Bail Application No. 33/2026, filed by the present petitioner before the said Court could not be heard. 4. The learned counsel for the petitioner submits that as per Notification No. 82, dated 19.09.2025, which was issued after the direction of the Apex Court in the case of Anna Waman Bhalerao vs. State of Maharashtra (Criminal Appeal No. 4004/2025), it was directed that the bail application pending before all the Trial Courts are to be disposed of expeditiously, preferably within the period of 2 (two) months. However, he submits that in the instant case, due to want of presiding officer, the Bail Application filed by the present petitioner could not be taken up for hearing and the same is still pending before the vacant designated Court of Special Judge, NDPS, Lunglei, resulting in prolonged incarceration of the present petition. The learned counsel for the petitioner has submitted that the Court of Additional Session Judge, Champhai, has been designated as Special Court, under Section 36 of the NDPS Act, 1985. Page No.# 3/4 5. The learned Public Prosecutor also submits that since the Court of Additional Session Judge was designated Special Court, Sessions Court is not taking up all the bail application of the present petitioner. 6. I have considered the submission made by the learned counsel for both sides. On a query posed to the Registry of this Court, a Notification No. A 12035/1/2008-LJE, dated 16.12.2010 published in the Mizoram Gazette Extra Ordinary on 07.01.2011 before this Court. 7. On perusal of the aforesaid Notification, it appears that all the Judicial Officers in Grade ‘I’ (District Judge Grade) of the Mizoram Judicial Service were designated as Judge, Special Court, ND&PS Act, 1985. As such, it appears that the Session Judge, Lunglei is a designated Court to take up matters under NDPS Act, 1985. 8. Accordingly, the bail application filed by the present petitioner before the Court of learned Special Judge, ND&PS, Lunglei, bearing Bail Application No. 33/2026 is transferred to the Court of learned Session Judge, Lunglei immediately. 9. The Sessions Judge, Lunglei is directed to take up the Bail Application No. 33/2026, filed by the present petitioner and disposed it off after hearing both sides as expeditiously as possible. 10. The Registry shall communicate this order to learned Session Judge, Lunglei. Page No.# 4/4 11. With the above direction, this Bail Application is disposed of. JUDGE Comparing Assistant