THE Supreme Court has called an order by the Orissa High Court, limiting the period of bail granted to an accused under the Narcotic Drugs and Psychotropic Substances Act to only two months, as “incorrect”.
A Bench of Justices JB Pardiwala and Ujjal Bhuyan opined the High Court should have ordered the release of the petitioner if it felt his right to speedy trial was violated. The court directed that the petitioner shall remain on bail pending further order, while issuing notice to the Odisha Government. Petitioner Kishor Karmakar challenged validity of the High Court order of May 6, 2024.
The Bench noted the petitioner has been charged for the offence under Section 20(b)(ii)(c) of the Narcotic Drugs and Psychotropic Substances Act. He preferred bail application before the High Court. The High Court took notice of the fact that the petitioner was in custody since 11th May, 2022, and only one witness had been examined so far.
In such circumstances, the High Court thought fit to order release of the petitioner on bail but only for a period of two months, the court found. “In our opinion, it is an incorrect order. If the High Court was of the view that the right of the petitioner to have a speedy trial could be said to have been infringed, then the High Court should have ordered 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,” the Bench noted.
Referring to the SC judgment in case of Hussainara Khatoon & Ors. Vs Home Secretary, State of Bihar, Patna (1979), the Bench pointed out it is now well settled that the right to a speedy trial is recognised as a fundamental right guaranteed by the Constitution and is closely tied to the right to life and personal liberty.
