Facts: Reginamary Chellamani, the appellant, was accused of offences punishable under Section 8(c) read with Sections 20(b)(ii)(C), 22(c), 23, 28 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, and Section 135 of the Customs Act, 1962. The contraband substance seized was allegedly above the commercial quantity. The appellant had been in custody for 4 years, 1 month, and 28 days.
Procedural Posture: The appellant appealed to the Supreme Court against the denial of regular bail by the High Court of Judicature at Madras, vide order dated 24.07.2025 passed in Crl.O.P. No. 7857/2025, in relation to Case R.R. No. 41/2021 (C.C. No. 225/2022) on the file of the learned Principal Special Judge under EC and NDPS Act Cases. The Supreme Court granted leave to appeal.
Issue: Should the appellant be granted bail, considering the length of incarceration and the fact that another similarly situated accused person travelling on the same flight has already been granted bail? Additionally, what procedural safeguards should trial courts adopt regarding informing accused persons of their right to legal representation?
Holding: Yes, the appellant is granted bail. The appeal is allowed, and the impugned order dated 24.07.2025 is set aside. The Supreme Court also directed trial courts to inform accused persons of their right to legal representation and legal aid counsel.
Reasoning: The Court considered the length of the appellant's incarceration and the fact that an identically situated accused person had already been granted bail. The Court also emphasized the importance of informing accused persons of their right to legal representation and legal aid, stating, "It is incumbent upon the trial Courts dealing with criminal proceedings, faced with such situations, to inform the accused of their right to legal representation and their entitlement to be represented by legal aid counsel in the event they cannot afford a counsel." The Court directed that this procedure be adopted and put into practice scrupulously and communicated to all High Courts.