HC grants default bail to accused in NDPS case | Bhubaneswar News


HC grants default bail to accused in NDPS case
Orissa High court building in Cuttack

Cuttack: The Orissa high court has ruled that the quantity of seized contraband and an accused’s criminal antecedents cannot override his statutory right to default bail when the investigating agency fails to file a chargesheet within the prescribed 180-day period in a Narcotic Drugs and Psychotropic Substances (NDPS) case.Granting bail to a man accused of possessing 320 grams of brown sugar, Justice V Narasingh observed that the investigating agency’s failure to meet the statutory deadline was a violation of the accused’s right to personal liberty under Article 21 of the Constitution. The order was passed on Oct 29 and uploaded on Oct 31.The petitioner, in custody since July 28, 2025, was arrested in connection with a case registered at Khurda Industrial Estate police station. He approached the high court after the special NDPS court at Khurda rejected his bail applications on Feb 10, 2026.Justice Narasingh underscored that the legislature had extended the normal 90-day investigation period to 180 days in NDPS cases, keeping in mind the peculiar nature of such offences. The law also permits an extension up to one year, subject to a public prosecutor’s report indicating the progress of investigation. “The statutory guidelines have been framed to ensure a balance between the rights of an accused and the needs of society,” the judge observed.However, the court found that the statutory mandate had been completely breached in this case. It also expressed concern that the matter was not even placed before the trial court on the 180th day for extension.



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