In a significant ruling, the Supreme Court has set aside an order of the Orissa High Court that limited the bail period of an accused in a Narcotic Drugs and Psychotropic Substances (NDPS) Act case to two months. The top court termed the order “incorrect” and directed the accused to remain on bail pending further orders.
The accused had filed a bail application in the high court, which noted that he had been in custody since May 11, 2022, and only one witness had been examined so far. While granting bail, the high court had restricted it to two months, which the Supreme Court deemed unnecessary.
The bench, comprising Justices J B Pardiwala and Ujjal Bhuyan, referred to a previous verdict that established the right to a speedy trial as a fundamental right guaranteed by the Constitution. They observed that the high court should have ordered the release of the petitioner on bail pending the final disposal of the trial instead of limiting the bail period.
The Supreme Court’s order comes as a relief to the accused, who will now remain on bail until further orders.
