Supreme Court
,In a recent ruling, the Supreme Court declared it “incorrect” for the Orissa High Court to restrict the bail period of an accused under the NDPS (Narcotic Drugs and Psychotropic Substances) Act.
A bench led by Justice J.B. Pardiwala addressed a special leave petition challenging the High Court’s May 6 decision, which granted the petitioner bail for only two months.
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The High Court had granted this limited bail on the grounds that the accused had been in custody for about two years, with only one witness examined during the trial.
“In our opinion, it is an incorrect order. If the High Court view that the right of the petitioner to have a speedy trial, said to have been infringe, then the High Court should order the release of the petitioner on bail pending final disposal of the trial itself. There was no good reason for the High Court to limit the period of bail,” stated the Bench, which also included Justice Ujjal Bhuyan.
The Supreme Court note that the right to a speedy trial is a fundamental right guarantee by the Constitution, closely link to the right to life and personal liberty.
Issuing notice in the matter, the Supreme Court ordered that the accused will remain on bail pending further orders.
