Supreme Court emphasizes the right to legal representation and parity in bail for co-accused in NDPS Act cases.
In a significant ruling, the Supreme Court of India has granted bail to Reginamary Chellamani, who had been incarcerated for over four years on charges related to the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). This decision comes after the appellant was denied bail by the High Court of Judicature at Madras despite being in custody for a prolonged period and being similarly situated to a co-accused who was previously granted bail by the Supreme Court.
The bench, comprising Justices Sanjay Kumar and K. Vinod Chandran, noted the extended period of incarceration faced by Chellamani, which spanned over four years. The bench highlighted the principle of parity, taking into account that a co-accused, who was traveling with Chellamani on the same flight, had already been granted bail.
Granting bail, the Supreme Court set aside the Madras High Court's order dated July 24, 2025, which had denied bail to the appellant. The Supreme Court directed that Chellamani be released on stringent terms and conditions determined by the trial court and mandated the surrender of her passport. Additionally, the Court instructed Chellamani to cooperate with the trial proceedings and refrain from seeking unnecessary adjournments, while urging the trial court to expedite the trial process.
The Court further underscored the importance of informing accused individuals of their legal rights, particularly the right to legal representation. It criticized the initial trial proceedings where Chellamani was unable to cross-examine witnesses due to the lack of representation. The Court directed trial courts to ensure that accused persons are informed of their right to legal aid if they cannot afford counsel, and to document the offer and response in court orders before witness examination.
This directive has been communicated to the Chief Justices of all High Courts to implement similar instructions across trial courts in various states, aiming to safeguard the rights of the accused in criminal proceedings.
Bottom Line:
NDPS Act - Regular bail granted to an accused in case of prolonged incarceration and parity with co-accused, despite the seizure of contraband above the commercial quantity - Trial Courts directed to inform accused about their legal representation rights and record the same.
Statutory provision(s): Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 8(c), 20(b)(ii)(C), 22(c), 23, 28, 29; Customs Act, 1962 - Section 135.
Reginamary Chellamani v. State, (SC) : Law Finder Doc Id # 2849538
