Page No.# 1/4 GAHC020000802026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : Bail Appln./1/2026 SHRI MUKESH KUMAR YADAV AGED ABOUT 34 YEARS, R/O GOLAGHAT ROAD, GHOREPATI, DIMAPUR, NAGALAND VERSUS STATE OF NAGALAND NAGALAND Advocate for the Petitioner : POKYIM YADEN, Advocate for the Respondent : P.P, NAGALAND, BEFORE HON'BLE MRS. JUSTICE YARENJUNGLA LONGKUMER ORDER Date : 12-03-2026 Heard the learned counsel for the petitioner Mr. Pokyim Yaden. Aslo heard Mr. V.Zhimoni, learned P.P. for the State respondents. The instant application under Section 483 of the BNSS read with Section 187 BNS and Section 37 of the NDPS Act has been filed praying for release of the accused Mr. Durg Singh who has Page No.# 2/4 been arrested on 12.06.2025 in connection with Narcotic Cell P.S Case No.06/2025 under section 21(c)/27 A NDPS Act read with section 61 BNS. The case of the applicant herein who is the brother-in- law of the accused person and duly authorized is that the accused person was arrested on 12.06.2025 in connection with the aforementioned case. Thereafter, the first date of remand was on 13.06.2025. It is also stated that since the date of first remand on13.06.2025, the period of 180 days as mandated in section 36(A) (4) of the NDPS Act has since expired on 09.12.2025 and the accused person has acquired indefeasible right to be released on bail. The learned counsel submits that the accused person was also detained under the PITNDPS Act from 07.10.2025 to 30.01.2026. It is stated that the bail application on this ground was moved before the Special Judge, NDPS and by order dated 11.02.2026, the same was rejected on the ground that the detention period served under PITNDPS cannot be counted to compute the mandatory period of 180 days. The learned trial Court stated that the period during which the accused was under preventive detention under the PITNDPS Act cannot be taken into account towards the statutory period for filing of the charge sheet in a criminal prosecution. Accordingly, the Court was of the view that no indefeasible right has accrued in favour of the accused. In the present application, the applicant has taken the same ground of default bail and stated that there was nothing which stopped the investigating agency from continuing the investigation even when the accused was in custody in view of the detention under the PITNDPS Act. The learned counsel for the petitioner Page No.# 3/4 therefore has submitted that the right to bail has since accrued to the accused person on 09.12.2025 and therefore it is prayed that the accused may be released on default bail and that he is willing to abide by any condition. The learned P.P. Mr. V. Zhimomi appearing for the State respondents has fairly submitted that the statutory period of 180 days as provided under section 36 A(4) of the NDPS Act has expired on 09.12.2025 as the investigation period has to be counted from the date of first remand i.e.13.06.2025 Having considered the submissions of the learned counsel for the petitioner and after going through the record, this Court is of the view that the period of 180 days as mandated in section 36(A)(4) of the NDPS Act has expired on 09.12.2025 as contended by the learned counsel for the petitioner inasmuch as the investigating agency was at liberty to continue with the investigation even when the accused person was under the preventive detention under PITNDPS Act. Accordingly, the prayer of the petitioner is allowed. The accused person Mr. Durg Singh is allowed to go on default bail subject to the following condition:- 1. The accused shall be released on executing a bail bond of Rs.30,000/- with one local surety of the like amount to the satisfaction of the trial court. 2. The accused shall appear before the I.O of the case every two weeks till completion of investigation. 3. The accused shall not leave the jurisdiction of the trial Court without the permission of the Court. Page No.# 4/4 4. The accused shall not hamper with the investigation or shall not influence the witnesses in any manner. With the above directions, the bail application is disposed of. Sd/- JUDGE Comparing Assistant